Kerala High Court
Sojan Thomas vs State Of Kerala on 19 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
CRL.MC NO. 3189 OF 2024
CRIME NO.100/2022 OF KALADY POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.157 OF 2022 OF
JUDICIAL MAGISTRATE OF FIRST CLASS - IV, PERUMBAVOOR
PETITIONERS/ACCUSED 1 TO 4:
1 SOJAN THOMAS
AGED 41 YEARS
S/O. THOMAS,KANNOTHU HOUSE,MALAYATTOOR,MALAYATTOOR
P.O., ERNAKULAM, KERALA, PIN - 683587
2 BABU P PAULOSE
AGED 40 YEARS
S/O. PAULOSE, PADAYATTIL HOUSE, MALAYATTOOR,
MALAYATTOOR P.O, ERNAKULAM,KERALA, PIN - 683587
3 SHINTO JOSE
AGED 38 YEARS
S/O. JOSE,PADAYATTIL HOUSE,MALAYATTOOR,
MALAYATTOOR P.O, ERNAKULAM,KERALA, PIN - 683587
4 SANJO
AGED 45 YEARS
S/O. THOMAS,KANNOTHU HOUSE,MALAYATTOOR,
MALAYATTOOR P.O, ERNAKULAM,KERALA, PIN - 683587
BY ADVS.
SRAVAN M.S.
SRIKANTH THAMBAN
RESPONDENTS/STATE & DE-FACTO COMPLAINANTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 ASHIK
S/O. SHIBU, MANALPARAMBIL
VEETTIL,MALAYATTOOR,MALAYATTOOR P.O,
ERNAKULAM,KERALA, PIN - 683587
2
Crl.M.C. No.3189 of 2024
3 SHIBU
AGED 53 YEARS
S/O. BHASKARAN, MANALPARAMBIL VEETTIL,
MALAYATTOOR, MALAYATTOOR P.O, ERNAKULAM,KERALA,
PIN - 683587
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 19.04.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
3
Crl.M.C. No.3189 of 2024
C. PRATHEEP KUMAR, J
-----------------------------------------------
Crl.M.C. No. 3189 of 2024
------------------------------------------------
Dated this the 19th day of April, 2024
ORDER
This is a petition filed under Section 482 of the Code of Criminal Procedure, by the accused Nos.1 to 4 in Crime No.100/2022 of Kalady Police Station, Ernakulam, which is pending as C.C. No.157/2022 on the file of the Judicial First Class Magistrate Court-IV, Perumbavoor. The offences alleged against the petitioners are punishable under Sections 323, 324 and 427 read with Section 34 of Indian Penal Code, 1860.
2. The prosecution case is that, on 30.01.2022 at about 9.30 p.m. at Madurima Junction, the accused persons due to their vengeance against the defacto complainant as he questioned them from drinking liquor infront of his compound wall, voluntarily caused hurt to him and his father using a key chain.
4Crl.M.C. No.3189 of 2024
3. According to the petitioners, the dispute has been settled with the defacto complainants/respondent Nos.2 & 3. All of them agreed to drop all further proceedings relating to the above dispute. Therefore, they prayed for quashing all further proceedings in Annexure A1.
4. The defacto complainants/respondents Nos.2 and 3 filed affidavits endorsing the averments in the Crl.M.C. According to them, the case has been amicably settled and that they do not intend to proceed with the case and also that further proceedings in the case can be quashed. They have no further grievance against the petitioners.
5. Learned Public Prosecutor also stated that the dispute has been settled between the parties and hence further proceedings in the case can be quashed.
6. Considering the fact that the offences under Sections 323, 324 and 427 read with Section 34 of Indian Penal Code involved in this case are not heinous and very serious in nature, and the dispute has been settled between the 5 Crl.M.C. No.3189 of 2024 petitioners and defacto complainants, this is a fit case in which further proceedings can be quashed.
In the result, this Crl.M.C is allowed. All further proceedings in C.C. No.157/2022 on the file of the Judicial First Class Magistrate Court-IV, Perumbavoor arising from Crime No.100/2022 of Kalady Police Station, Ernakulam is quashed.
Sd/-
C.PRATHEEP KUMAR JUDGE BR 6 Crl.M.C. No.3189 of 2024 APPENDIX OF CRL.MC 3189/2024 PETITIONER'S ANNEXURES Annexure A1 THE TRUE COPY OF THE FINAL REPORT IN C.C NO 157/2022 ON THE FILES OF HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT- IV, PERUMBAVOOR DATED 20.03.2022 Annexure A2 THE TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.100/2022 OF KALADY POLICE STATION, ERNAKULAM DISTRICT DATED 31.01.2022 Annexure A3 TRUE COPY OF THE AFFIDAVIT SWORN BY THE SECOND RESPONDENT STATING THE SETTLEMENT OF ALL THE DISPUTES DATED 03.03.2024 Annexure A4 TRUE COPY OF THE AFFIDAVIT SWORN BY THE THIRD RESPONDENT STATING THE SETTLEMENT OF ALL THE DISPUTES DATED 03.03.2024 RESPONDENT'S ANNEXURES: NIL