Kerala High Court
Dileep @Dileep vs The State Of Kerala on 18 July, 2025
2025:KER:53390
Crl.M.C No.3249/2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
FRIDAY, THE 18TH DAY OF JULY 2025 / 27TH ASHADHA, 1947
CRL.MC NO. 3249 OF 2025
CRIME NO.1954/2018 OF North Paravur Police Station,
Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.321 OF 2019
OF DISTRICT COURT & SESSIONS COURT/RENT CONTROL APPELLATE
AUTHORITY, ERNAKULAM
PETITIONERS/ACCUSED:
1 DILEEP @DILEEP
AGED 48 YEARS
S/O.BHASKARAN , CHOOLAKKAPARAMBIL , KEDAMANGALAM
KARA, PARUR VILLAGE, ERNAKULAM DISTRICT, PIN -
683513.
2 MADHU
AGED 48 YEARS
S/O BHASKARAN , CHOOLAKKAPARAMBIL , KEDAMANGALAM
KARA, PARUR VILLAGE, ERNAKULAM DISTRICT, PIN -
683513.
3 LAIJU @ LIJESH
AGED 35 YEARS
S/O S/O MOHANAN CHOOLAKKAPARAMBIL, KEDAMANGALAM
KARA, PARUR VILLAGE, ERNAKULAM DISTRICT., PIN -
683513
4 VINOD
AGED 46 YEARS
S/O NEELAPPAN, CHOOLAKKAPARAMBIL, KEDAMANGALAM
KARA, PARUR VILLAGE, ERNAKULAM DISTRICT, PIN -
683513
BY ADVS.
SHRI.SANTHOSH KUMAR V.P.
SHRI.ASHWIN K.U.
SHRI.SUNIL M.S.
SRI.SAJEEVAN KURUKKUTTIYULLATHIL
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Crl.M.C No.3249/2025
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RESPONDENT/STATE & DE FACTO COMPLAINANT:
1 THE STATE OF KERALA
REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA AT ERNAKULAM,, PIN - 682031
2 SANURAJ
AGED 34 YEARS
S/O. RAJESH, RESIDING AT NIKATHIL VEEDU EZHIKKARA
VILLAGE , KIZHAKKEPOTTA, KEDAMANGALAM, ERNAKULAM
DISTRICT PIN-682501 (IS IMPLEADED AS 2ND
ADDITIONAL RESPONDENT AS PER THE ORDER DATED
03/06/2025 IN CRL M.A 01/25)
3 RAJESH
AGED 49 YEARS
S/O. DASAN, RESIDING AT NIKATHIL VEEDU EZHIKKARA
VILLAGE, KIZHAKKEPOTTA, KEDAMANGALAM, ERNAKULAM
DISTRICT, PIN-682501. (IS IMPLEADED AS 3RD
ADDITIONAL RESPONDENT AS PER THE ORDER DATED
03/06/2025 IN CRL M.A 01/25)
4 CHANDRAMATHI
AGED 76 YEARS
W/O. DASAN, RESIDING AT NIKATHIL VEEDU EZHIKKARA
VILLAGE, KIZHAKKEPOTTA, KEDAMANGALAM, ERNAKULAM
DISTRICT , PIN-682501. (IS IMPLEADED AS 4TH
ADDITIONAL RESPONDENT AS PER THE ORDER DATED
03/06/2025 IN CRL M.A 01/25)
BY ADVS.
SHRI.VISHNU PRABHAKAR V.S.
SMT.RASHMI K.R.
SHRI.THARISH MUHAMMED
SHRI.RENJITH R.
SHRI.AKSHAY SHYLESH
SHRI.JOHN PAUL PADIKKALA
SMT.ADWAITHA UDAYAN
SMT.MARY SESIL T.P.
OTHER PRESENT:
SRI SUDHEER G., PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 18.07.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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ORDER
The petitioners are the accused Nos.1 to 4 in S.C.No.321 of 2019 on the files of the Principal District and Sessions Court, Ernakulam. They face criminal prosecution for the commission of offences under Sections 143, 147, 148, 341, 323, 324 and 506(ii) read with Section 149 of the Indian Penal Code, 1860 and Section 3(2)(va) of Scheduled Castes & Scheduled Tribes (Prevention and Atrocities) Act, 1989.
2. In the present petition, the petitioners would contend that the issue involved in this case, has been amicably settled with the defacto complainant and the other aggrieved persons, and hence the proceedings against the petitioners are liable to be quashed.
3. Heard the learned counsel for the petitioners, the learned counsel for the respondents 2 to 4 and the learned Public Prosecutor representing the State of Kerala.
4. The defacto complainant and the other aggrieved persons have filed affidavits before this Court, stating that the issue has been 2025:KER:53390 Crl.M.C No.3249/2025 4 amicably settled with the petitioners, and hence they are not interested in continuing the proceedings against the petitioners.
5. The learned Public Prosecutor, upon instructions, submitted that the defacto complainant and the other aggrieved person had given statements to the Investigating Officer also, to the effect that the issue has been amicably settled with the petitioners, and hence they are not interested in continuing the criminal prosecution against the petitioners.
6. The issue involved in this case is purely private in nature. Now that it has been amicably settled between the parties. Having regard to the above facts and circumstances of the case, I am of the view that no purpose would be fulfilled by the continuance of the prosecution against the petitioners, and hence it is highly necessary to terminate the prosecution proceedings to prevent abuse of process of court. Such a course is also required to maintain the harmonious relationship between the parties. Therefore, the prayer in this petition to quash the proceedings against the petitioners, has to be allowed.
In the result, the petition stands allowed. The proceedings against the petitioners/accused Nos.1 to 4 in S.C.No.321 of 2019 on 2025:KER:53390 Crl.M.C No.3249/2025 5 the files of the Principal District & Sessions Court, Ernakulam, which arose out of Crime No.1954 of 2018 of North Paravur Police Station, Ernakulam, are hereby quashed.
Sd/- G. GIRISH
ma/18.07.2025 JUDGE
/True copy/
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APPENDIX OF CRL.MC 3249/2025
PETITIONER ANNEXURES
Annexure - A1 CERTIFIED COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO.1954/2018 OF NORTH
PARUR POLICE STATION IN ERNAKULAM
DISTRICT
Annexure - A2 . A COPY OF THE FINAL REPORT IN CRIME
NO.1954/2018 OF NORTH PARUR POLICE
STATION
Annexure - A 3 THE ORIGINAL AFFIDAVIT SWORN BY THE
DEFACTO COMPLAINANT DATED 14.032025, IN CRIME NO1954/2018 OF NORTH PARUR POLICE STATION IN ERNAKULAM DISTRICT, CASE NUMBERED AS S.C.NO. 321/2019 ON THE FILES OF PRINCIPAL DISTRICT & SESSIONS COURT, ERNAKULAM DISTRICT