Kerala High Court
Merin Mathew 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. 2547 OF 2024
CRIME NO.516/2019 OF SAKTHIKULANGARA POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1435 OF 2019 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM
PETITIONERS/ACCUSED 1 & 2:
1 MERIN MATHEW
AGED 28 YEARS
D/O VIMALA,NIRMALA MANDIRAM,KANNIMEL CHERI,
SAKTHIKULANGARA,KOLLAM, PIN - 691581
2 VIMALA MATHEW
AGED 52 YEARS
W/O MATHEW,NIRMALA MANDIRAM,KANNIMEL CHERI,
SAKTHIKULANGARA,KOLLAM, PIN - 691581
BY ADV
AJAYA KUMAR. G
RESPONDENTS/STATE/CW1 TO CW3:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 STATION HOUSE OFFICER
SAKTHIKULANGARA POLICE STATION,
SAKTHIKULANGARA,KOLAM, PIN - 691581
3 ELSY
AGED 52 YEARS
W/O PETER,CHIRAKKARA PUTHUVAL VEEDU,KANNIMEL
CHERRY,SAKTHIKULANGARA,KOLLAM, PIN - 691581
4 PETR MANUEL
AGED 62 YEARS
S/O MANUEL,CHIRAKKARA PUTHUVAL VEEDU,KANNIMEL
CHERRY,SAKTHIKULANGARA,KOLLAM, PIN - 691581
2
Crl.M.C. No.2547 of 2024
5 MABLE JOSEPH
AGED 66 YEARS
W/O JOSEPH MANUEL, MOOLAYIL
THOPPIL,MARUTHADY,KANNIMEL CHERRY,SAKTHIKULANGARA
VILLAGE,KOLLAM, PIN - 691581
BY ADVS
SRI.G. SUDHEER - PUBLIC PROSECUTOR
FATHIMA MAJEED
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.2547 of 2024
C. PRATHEEP KUMAR, J
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Crl.M.C. No. 2547 of 2024
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Dated this the 19th day of April, 2024
ORDER
This is a petition filed under Section 482 of the Code of Criminal Procedure, by accused Nos.1 and 2 in Crime No.516/2019 of Sakthikulangara Police Station, Kollam, which is pending as C.C. No.1435/2019 on the file of the Judicial First Class Magistrate Court II, Kollam. The offences alleged against the petitioners are punishable under Section 323 read with Section 34 of the Indian Penal Code.
2. The prosecution case is that: on 03.07.2019 at about 7.30 am, the accused persons due to the enmity towards CW1 in connection with a dispute over a pathway, man handled the CWs1 to 3, near their home and thereby the accused have committed the above offences.
3. According to the petitioners, the dispute has been settled with the defacto complainants/victims. All of them 4 Crl.M.C. No.2547 of 2024 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/victims 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 read with Section 34 of the Indian Penal Code involved in this case are not heinous and very serious in nature, and the dispute has been settled between the petitioners and defacto complainants, this is a fit case in which further proceedings can be quashed.
5Crl.M.C. No.2547 of 2024
In the result, this Crl.M.C is allowed. All further proceedings in C.C. No.1435/2019 on the file of the Judicial First Class Magistrate Court-II, Kollam arising from Crime No.516/2019 of Sakthikulangara Police Station, Kollam is quashed.
Sd/-
C.PRATHEEP KUMAR JUDGE BR 6 Crl.M.C. No.2547 of 2024 APPENDIX OF CRL.MC 2547/2024 PETITIONER'S ANNEXURES AnnexureA 1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO: 516/2019 OF SAKTHIKULANGARA POLICE STATION, KOLLAM DISTRICT Annexure A2 AN AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 3-3-2024 Annexure A3 AN AFFIDAVIT SWORN BY THE 4TH RESPONDENT DATED 3-3-2024 Annexure A4 AN AFFIDAVIT SWORN BY THE 5TH RESPONDENT DATED 3-3-2024 RESPONDENT'S ANNEXURES: NIL