Ruby @ Ruban Joseph vs State Of Kerala
2021 Latest Caselaw 3795 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

     TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

                      Crl.MC.No.5296 OF 2020(B)

     AGAINST THE JUDGMENT IN SC 993/2014 OF II ADDITIONAL SUB
                         COURT,TRIVANDRUM

  CRIME NO.765/2012 OF Thumba Police Station, Thiruvananthapuram


PETITIONERS:

      1        RUBY @ RUBAN JOSEPH
               AGED 51 YEARS
               REENA COTTAGE, NEAR KOCHU BAKERY, POUNDKADAVU WARD,
               ATTIPPRA VILLAGE, THIRUVANANTHAPURAM

      2        SABU @ FAXON JOSEPH
               AGED 41 YEARS
               S/O. JOSEPH FERNANDEZ, JESUES DAIL, KALLUMMOODU,
               ANAYARA DESOM, PETTAH VILLAGE, THIRUVANANTHAPRUAM

      3        MANUVAL,
               AGED 68 YEARS
               S/O. JOSEPH, KAMBIKKAL HOUSE, POUNDKADAVU WARD,
               ATTIPPRA VILLAGE,THIRUVANANTHAPURAM

      4        ANOT
               AGED 50 YEARS
               S/O. ELIYAS, NEERAJAM,, NEAR VALIYA VELI GROUND,
               POUNDKADAVU WARD, ATTIPPRA VILLAGE,

      5        KABEER
               AGED 41 YEARS
               S/O. THAMPI, THAIVILAKOM VEEDU, NEAR SOUTH THUMBA
               GROUND, POUNDKADAVU WARD, ATTIPPRA VILLAGE,
               THIRUVANANTHAPURAM

      6        KISS BIJU @ JOHNSON JOHN
               AGED 34 YEARS
               S/O. STANSILOS, TC 81/846, VALIYA VELI, POUNDKADAVU
               WARD, ATTIPPRA VILLAGE, THIRUVANANTHAPURAM

      7        AKHIL AUGUSTINE
               AGED 28 YEARS
               S/O. AUGUSTIN, THAIVILAKOM HOUSE, TC 81/127, VALIYA
               VELI, POUNDKADAVU WARD, ATTIPPRA VILLAGE,
               THIRUVANANTHAPURAM
 Crmc 5296/2020                     2



       8         BOSCO
                 AGED 51 YEARS
                 S/O.LUKOSE, TC 81/1056, BINDHU COTTATE, VALIYA
                 VELI, POUNDKADAVU WARD, ATTIPPRA VILLAGE,
                 THIRUVANANTHAPURAM

       9         RINU
                 AGED 26 YEARS
                 S/O. MANUEL, REENA COTTAGE, VALIYA VELI,
                 POUNDKADAVU WARD, ATTIPPRA VILLAGE,
                 THIRUVANANTHAPURAM

                 BY ADVS.
                 SRI.G.SUDHEER
                 SRI.R.HARIKRISHNAN (H-308)

RESPONDENTS:

       1         STATE OF KERALA
                 REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
                 KERALA, ERNAKULAM , KOCHI-31

       2         JOSE
                 AGED 40 YEARS
                 S/O. SOLEMAN, THAIVILAKOM HOUSE, TC 99/34,SOUTH
                 THUMBA, POUND KADAVU WARD, ATTIPPRA VILLAGE,
                 THIRUVANANTHAPURAM-695 583

       3         ADDL.R3.SUNIL
                 SOUGHT TO BE IMPLEADED

                 R2-3 BY ADV. K.G.RAJESH

                 PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
02.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crmc 5296/2020                    3


                                V.G.ARUN, J.

           ===========================
                   Crl.M.C.No.5296 of 2020
           ===========================
             Dated this the 2nd day of February, 2021

                                ORDER

The prayer in this Crl.M.C is to quash S.C.No.993 of 2014

pending before the Assistant Sessions Court-III,

Thiruvananthapuram which originated from Crime No.765 of

2012 of Thumba Police Station, registered for the offences under

Sections 143, 147, 148, 149, 323, 324, 294(b) & 308 IPC. The

prayer is founded on the fact that the parties having come to a

settlement, no purpose would be served by compelling the

petitioners to face trial.

2. Learned Public Prosecutor submits, on instructions, that

some of the petitioners have criminal antecedents. In such

circumstances, the benefit of quashing the proceedings based on

the settlement cannot be extended to the petitioners.

3. Learned counsel for the petitioners raised an alternative

plea that, considering that a statement has been arrived at and

that the crime is of the year 2012, there may be a direction to

the jurisdictional court to dispose the case at the earliest. I

consider the request to be reasonable, particularly in view of the

settlement arrived at between the parties.

4. Hence, the Assistant Sessions Court-III,

Thiruvananthapuram is directed to dispose S.C.No.993 of 2014

as expeditiously as possible, and at any rate, within four months

from the date of receipt of a copy of this order.

Crl.M.C is disposed of accordingly.

Sd/-

V.G.ARUN JUDGE

lgk

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE-A TRUE COPY OF THE FIR AND FIS IN CRIME NO.765/12 OF THUMBA POLICE STATION

ANNEXURE-B CERTIFIED COPY OF THE FINAL REPORT IN S.C.NO.993/2014 CRIME NO.765/12 OF THUMBA POLICE STATION PENDING BEFORE ASSISTANT SESSIONS COURT-III, THIRUVANANTHAPURAM

ANNEXURE-C AFFIDAVIT SOWN BY HE 2ND RESPONDENT SIGNED BEFORE THE NOTARY PUBLIC DATED 3.10.2019

ANNEXURE-D DEATH CERTIFICATE OF THE 4TH ACCUSED ISSUED BY THE CORPORATION OF THIRUVANANTHAPURAM