Santhosh vs State Of Kerala
2021 Latest Caselaw 10992 Ker

Crl.MC.No.1174 OF 2021(F)         1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

             THE HONOURABLE MRS. JUSTICE SHIRCY V.

  WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                   Crl.MC.No.1174 OF 2021(F)

AGAINST THE ORDER/JUDGMENT IN CC 549/2018 OF JUDICIAL MAGISTRATE
                 OF FIRST CLASS -I, MAVELIKKARA

  CRIME NO.549/2018 OF Kurathikadu Police Station , Alappuzha


PETITIONERS/ACCUSED NOS.1 TO 6:

      1      SANTHOSH
             AGED 49 YEARS
             S/O.KRISHNANKUTTY,MANDIRATHIL HOUSE,
             UMBERNADU,THEKKEKARA VILLAGE,
             ALAPPUZHA-690107.

      2      REJITHA,
             AGED 39 YEARS
             W/O.SANTHOSH,MANDIRATHIL HOUSE,
             UMBERNADU,THEKKEKARA VILLAGE,
             ALAPPUZHA-690107.

      3      AJESH,
             AGED 23 YEARS
             S/O SUBASH CHANDRABOSE,MANDIRATHIL AJANTHALAYAM
             HOUSE,UMBERNADU,
             THEKKEKARA VILLAGE,ALAPPUZHA-690107.

      4      SURESH,
             AGED 46 YEARS
             S/O KRISHNANKUTTY,MANDIRATHIL HOUSE,
             UMBERNADU,THEKKEKARA VILLAGE,
             ALAPPUZHA-690107.

      5      BINU,
             AGED 37 YEARS
             S/O SAHADEVAN,KANDATHIL HOUSE,
             KANNAMPALLY,KEERIKAD VILLAGE,
             ALAPPUZHA-690508.

      6      MUKESH,
             AGED 31 YEARS
             S/O MURALI,MUKESH BHAVANAM,KANNAMPALLY,KEERIKAD
             VILLAGE,ALAPPUZHA-690508.
 Crl.MC.No.1174 OF 2021(F)         2


             BY ADVS.
             SRI.GOKUL D. SUDHAKARAN
             SHRI.BALARAM SHAJI

RESPONDENTS/STATE, COMPLAINANT AND DEFACTO COMPLAINANT:

      1      STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA,ERNAKULAM,KOCHI-682031.

      2      THE SUB INSPECTOR OF POLICE
             KURATHIKADU POLICE STATION,
             ALAPPUZHA -690107

      3      MURALEEDHARAN NAIR, AGED 72.
             S/O KUNJANPILLAI,MALAYIL PADEETTATHIL
             HOUSE,UMBARNADU MURI,THEKKEKARA VILLAGE,ALAPPUZHA-
             690107.

      4      SREELEKSHMI, AGED 9 YEARS
             D/O REVATHI,REPRESENTED BY HER MOTHER MALAYIL
             PADEETTATHIL HOUSE,
             UMBARNADU MURI,THEKKEKARA VILLAGE,
             ALAPPUZHA-690107.

      5      REVATHI
             D/O MURALLEEDHARAN NAIR,
             MALAYIL PADEETTATHIL HOUSE,
             UMBARNADU MURI,THEKKEKARA VILLAGE,
             ALAPPUZHA-690107.

      6      SEETHALEKSHMI,AGED 57 YEARS,
             W/O.MURALEEDHARAN NAIR,MALAYIL PADEETTATHIL
             HOUSE,UMBARNADU MURI,
             THEKKEKARA VILLAGE,ALAPPUZHA-690107.

             R3-6 BY ADV. S.K.ADHITHYAN

OTHER PRESENT:

             SRI.AJITH MURALI,PUBLIC PROSECUTOR.

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.1174 OF 2021(F)               3




                                  ORDER

Petition under Section 482 of the Code of Criminal

Procedure.

2. The petitioners are accused Nos.1 to 6 in C.C.No.549 of

2018 on the file of Judicial First Class Magistrate Court-I, Mavelikkara

registered for the offences punishable under Sections 143, 147, 149,

294(b), 447, 427 and 324 of Indian Penal Code arising out of Crime

No.549 of 2018 of Kurathikadu police station.

3. Heard both sides and perused the records.

4. The learned counsel for the petitioners submitted that

the case has been instituted by the defacto complainant on some

misunderstanding with the petitioners and now the parties have

resolved the entire dispute among themselves and as such there is no

subsisting dispute between them. Therefore, this petition to quash the

the entire proceedings in C.C.No.549 of 2018.

5. Learned counsel appearing for respondents 3 to 6 also

submitted that they have absolutely no grievance or complaints

against the petitioners. Annexures-II to V are the affidavits sworn to

by them in support of the submission of the petitioners. The affidavits

further indicate that they have no intention to pursue the matter

further.

6. The learned Public Prosecutor has reported that the

prosecution has no serious objection in allowing the petition, as prayed

for.

7. The nature and gravity of the offences alleged are not

serious and now as the dispute has been amicably settled, the

possibility of conviction is remote and bleak and therefore, no useful

purpose would be served in proceeding with the case.

Considering the special facts and circumstances involved

in this case, I find that no fruitful purpose is likely to be served by

proceeding with the matter against the petitioners. Moreover, no public

interest is involved in the case and there is no legal impediment in

granting the prayer as sought for by the petitioners. Therefore, to

subserve the ends of justice, this Crl.M.C. is only to be allowed.

For the foregoing reasons, the entire proceedings in

C.C.No.549 of 2018 on the file of the Judicial First Class Magistrate

Court-I, Mavelikkara arising from Crime No.549 of 2018 of Kurathikad

Police Station will stand quashed as prayed for.

Sd/-

SHIRCY V.

JUDGE

smm

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE I CERTIFIED COPY OFTHE FINAL REPORT IN CRIME NO.549/2018 OF KURATHIKADU POLICE STATION,ALAPPUZHA DATED 09.05.2018

ANNEXURE II AFFIDAVIT OF THE 3RD RESPONDENT DATED 04.02.2021

ANNEXURE III AFFIDAVIT SWORN BY THE MOTHER OF 4TH RESPONDENT DATED 04.02.2021

ANNEXURE IV AFFIDAVIT OF THE 5TH RESPONDENT DATED 04.02.2021

ANNEXURE V AFFIDAVIT OF THE 6TH RESPONDENT DATED 04.02.2021.