M.Byju vs Mr. Robinson
2021 Latest Caselaw 12232 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE K.HARIPAL

     FRIDAY, THE 23RD DAY OF APRIL 2021 / 3RD VAISAKHA, 1943

                      Crl.MC.No.2325 OF 2021(A)

AGAINST THE ORDER/JUDGMENT IN CC 68/2019 OF JUDICIAL MAGISTRATE OF
                   FIRST CLASS -III,TRIVANDRUM

          CRIME NO.1965/2018 OF Thampanoor Police Station ,
                          Thiruvananthapuram


PETITIONER/ACCUSED :-

              M.BYJU
              AGED 45 YEARS
              S/O. (LATE) MUKUNDAN,
              MUTHIKKAPARAMBIL HOUSE, PUNNAPARA NORTH,
              PARAVOOR, ALAPPUZHA D.T. PIN-688 014

              BY ADV. SRI.T.B.SHAJIMON


RESPONDENTS/COMPLAINANT/STATE :-

      1       MR. ROBINSON
              AGED 54 YEARS
              S/O. SATYANESAN,
              RESIDING AT JESUS BHAVAN,
              NEAR VAVAMULA LATIN CATHOLIC CHURCH,
              VENGANNOOR VILLAGE, VENGANOOR TALUK,
              THIRUVANANTHAPURAM DISTRICT.

      2       STATE OF KERALA,
              REPRESENTED BY THE PUBLIC PROSECUTOR,
              HIGH COURT OF KERALA, ERNAKULAM.

              R1 BY ADV. SOJAN.G.KUNNEL

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.2325 OF 2021(A)

                                     2

                                ORDER

This is an application filed under

Section 482 Cr.P.C seeking to quash all further

proceedings pursuant to Annexure A1 final report in

Crime No.1965 of 2018 of Thampanoor Police Station

registered alleging offence punishable under

Sections 294(b), 341 and 323 of the IPC.

2. The petitioner is the sole accused in

the crime, which was launched on the basis of the

First Information Statement given by the first

respondent. The first respondent is the first

witness in the charge sheet. Now it has been

submitted that the matter has been settled between

the parties and the defacto complainant is not

interested in continuing the proceedings. In support

of the said submission, an affidavit is sworn in by

the first respondent, produced as Annexure A2,

where also it has been specifically stated that the

matter has been settled and he is not interested in

pursuing the proceedings.

Crl.MC.No.2325 OF 2021(A)

3. I heard the learned Senior Public

Prosecutor, the learned counsel for the petitioner

and the first respondent.

4. The offence alleged are very minor in

nature. It is very evident that it was a personal

dispute that culminated in registering the crime,

which now stands settled between the parties. In the

circumstances, there is no purpose in prosecuting

the matter any further. There is no legal impediment

in quashing further proceedings.

Accordingly, the Crl.M.C is allowed.

Sd/-

K.HARIPAL JUDGE

SMA Crl.MC.No.2325 OF 2021(A)

APPENDIX

PETITIONER'S/S ANNEXURES :-

ANNEXURE A1 THE COPY OF THE FINAL REPORT.

ANNEXURE A2 THE AFFIDAVITS OF RESPONDENTS 1.