Roshan C Mathew vs State Of Kerala
2021 Latest Caselaw 12140 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

               THE HONOURABLE MR. JUSTICE K.HARIPAL

    TUESDAY, THE 20TH DAY OF APRIL 2021 / 30TH CHAITHRA, 1943

                    Crl.MC.No.2299 OF 2021(F)

AGAINST THE ORDER/JUDGMENT IN CC 1204/2019 OF JUDICIAL MAGISTRATE
                   OF FIRST CLASS ,AMBALAPUZHA

  CRIME NO.1151/2019 OF Ambalappuzha Police Station , Alappuzha


PETITIONERS/ACCUSED 1 & 2:

      1      ROSHAN C MATHEW,
             AGED 30 YEARS
             S/O. CHACKO ALEXANDER,
             PALACHIRAYIL ANAPRAMBAL,
             NORTH MURI, THALAVADY,
             ALAPPUZHA 699 572

      2      VARGHESE VARKEY,
             AGED 42 YEARS
             S/O. VARKEY,
             PALACHIRAYIL,
             ANAPRAMBAL,
             NORTH MURI,
             THALAVADY,
             ALAPPUZHA 699 572

             BY ADV. SMT.SANDHYA R.NAIR

RESPONDENT/STATE/COMPLAINANT/INJURED:

      1      STATE OF KERALA
             REPRESENTED BY THE STATION HOUSE OFFICER,
             AMBALAPUZHA POLICE STATION,
             ALAPPUZHA DISTRICT,
             THROUGH THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA.

      2      RAMANAN
             S/O. KESAVAN,
             KAVILSSERIL,
             THANNERMUKKAM PW 8,
             VADAKKUMMURI,
             THANNERMUKKAM,
             CHERTHALA,
             ALAPPUZHA 688 527
 Crl.MC.No.2299 OF 2021

                                       2

         3         JOMON
                   AGED 45 YEARS
                   S/O. THANKAPPAN,
                   POLLAYIL HOUSE,
                   CMC XXXIII,
                   CHERTHALA,
                   ALAPPUZHA 688 524

         4         THE KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC)
                   TRANSPORT BHAVAN,
                   FORT, THIRUVANANTHAPURAM
                   REPRESENTED BY ITS MANAGING PARTNER.

                   R2-3 BY ADV. SRI.M.M.NIAS

                   SR.PP - SRI. K.B.UDAYAKUMAR

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.2299 OF 2021

                                         3




                                   ORDER

This is an application for quashing Annexure A1 final report

in Crime No. 1151/2019 of Ambalapuzha Police Station. The

crime was registered on 17.08.2019 alleging offence punishable

under Sections 341,353,294(b),427 read with Section 34 of IPC

against the petitioners.

2. The respondent Nos. 2 and 3 were the driver and the

conductor respectively of a KSRTC bus and on the incident, after

registering the crime the matter has been settled and the loss

sustained by the KSRTC has been replenished by the petitioners,

proving which Annexure A3 receipt has also been produced by

the petitioners.

3. I heard the learned counsel for the petitioners as well as

counsel for respondent Nos.2 and 3. The learned Senior Public

Prosecutor submitted that he has no instruction with regard to the

settlement reached between the parties.

4. Any how, though the KSRTC, a public sector undertaking

is also involved in this matter, it seems that it was a personal

dispute between the petitioners on the one hand and the Crl.MC.No.2299 OF 2021

respondent Nos. 2 and 3 on the other. The Hon'ble Supreme Court

has laid in umpteen number of cases that notwithstanding the

gravity of the offence, if the parties reach a settlement between

them out side the court, there is no reason why the court shall not

put its stamp of approval. Therefore, the court cannot refuse to

invoke its jurisdiction under Section 482 Cr.P.C. The affidavit

filed by the respondent Nos. 2 and 3 support the version of the

petitioners that the matter has been settled between parties.

Annexure A3 also suggests that the loss sustained by the KSRTC

has been compensated.

In the circumstances, the Crl.M.C is allowed and all further

proceedings pursuant to the Annexure A1 final report in Crime

No.1151/2019 of Ambalapuzha Police Station pending before the

Judicial First Class Magistrate, Ambalapuzha shall stand quashed.

Sd/-

K.HARIPAL JUDGE Jms/20.04 Crl.MC.No.2299 OF 2021

APPENDIX PETITIONERS' EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF FINAL REPORT IN CC NO.

1204 OF 2019 PENDING ON THE FILES OF HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, AMBALAPUZHA ARISING OUT OF CRIME NO. 1151 OF 2019, AMBALAPUZHA POLICE STATION, ALAPPUZHA DISTRICT.

ANNEXURE A2 ORIGINAL AFFIDAVITS OF 2ND RESPONDENT DATED 04-02-2021

ANNEXURE A(A) ORIGINAL AFFIDAVITS OF 3RD RESPONDENT DATED 04-02-2021

ANNEXURE A3 TRUE COPY OF CASH RECEIPT BEARING REGD. NO 258940 DATED 04-02-2021 ISSUED BY THE 4TH RESPONDENT.TIME PETITION.

                         //True Copy//       P.A to Judge