Kerala High Court
Jaise vs State Of Kerala on 11 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942
Crl.MC.No.86 OF 2021(A)
AGAINST THE JUDGMENT IN CC 1581/2018 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -I, THODUPUZHA
CRIME NO.383/2018 OF Kanjar Police Station , Idukki
PETITIONER/ACCUSED NOS. 1 TO 5:
1 JAISE,
AGED 34 YEARS
S/O. JOSE, ARAKAPARAMBIL HOUSE, MUTHODU BHAGOM,
PANNIMATTOM KARA, VELLIYAMATTOM VILLAGE, IDUKKI
DISTRICT.
2 JITTO,
AGED 34 YEARS
S/O. JACOB, MANNAKATHU HOUSE, THAMARAKULANGARA, CHIRA
VILLAGE, KOTTAYAM DISTRICT.
3 NIX,
AGED 32 YEARS
S/O. BABY, KOLLIYIL HOUSE, VETTIPARAMBU BHAGOM,
NADACKAL KARA, TEEKOY VILLAGE, KOTTAYAM DISTRICT.
4 JIJI,
AGED 44 YEARS
S/O. JOMSON, KARUVILANKAL HOUSE, MEENACHIL KARA,
MEENACHIL VILLAGE, MEENACHIL TALUK, KOTTAYAM
DISTRICT.
5 NIJIL,
AGED 32 YEARS
S/O. JOSE, MUNDAKKATTU HOUSE, THADIPALAM BHAGOM,
THEKKUMBHAGOM KARA, KARIKODE VILLAGE, IDUKKI
DISTRICT.
BY ADV. MARIA PAUL
RESPONDENT/STATE AND DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031.
Crl.MC.No.86 OF 2021(A) ..2..
2 DANI JOSE
AGED 32 YEARS
W/O. JOSE, AMOOTTUKUNNEL HOUSE, KOOVAKANDOM KARA,
VELLIYAMATTOM VILLAGE, IDUKKI DISTRICT-685588.
3 JOSE
AGED 43 YEARS
S/O. DEVASSIA, AMOOTTUKUNNEL HOUSE, KOOVAKANDOM
KARA, VELLIYAMATTOM VILLAGE, IDUKKI DISTRICT-
685588.
R2-3 BY ADV. P.K.PRIYA
OTHER PRESENT:
PP AJITH MURALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.86 OF 2021(A) ..3..
ORDER
Dated this the 11th day of February 2021
Petitioners are the accused in Crime
No.383/2018 registered at the Kanjar Police Station
for offences punishable under Sections 501 and
506(i) of IPC and Section 120(o) of KP Act, 2011,
now pending as C.C.No.1581/2018 on the files of the
Judicial First Class Magistrate Court-I, Thodupuzha.
The de facto complainant and the other aggrieved
person are arrayed as respondents 2 and 3.
Annexures-A3 and A4 affidavits have been filed by
the said respondents stating that the dispute, which
was the reason for the incident and registration of
the crime, has been resolved amicably and they
have no subsisting grievance against the
petitioners.
Crl.MC.No.86 OF 2021(A) ..4..
2. Heard the learned Public Prosecutor also,
who, on instructions, submits that the petitioners
have no criminal antecedents.
3. Having considered the gravity of the
offences alleged, nature of the injury caused and
having perused the affidavits filed by the
respondents 3 and 4, the contents of which are
submitted to be true and voluntary, I am satisfied
that the dispute is settled and no public interest is
involved in this matter. Moreover, in view of the
settlement, possibility of the criminal proceedings
ending in conviction is remote. As such, continuance
of the proceedings will amount to an abuse of
process of court and hence, in view of the legal
position set out by the Honourable Supreme Court
in Madan Mohan Abbot v. State of Punjab
[(2008) 4 SCC 582] and Gian Singh v. State of
Crl.MC.No.86 OF 2021(A) ..5..
Punjab and another [(2012) 10 SCC 303], there is
no impediment in granting the relief sought.
In the result, this Crl.M.C is allowed. The
proceedings in C.C.No.1581/2018 on the files of the
Judicial First Class Magistrate Court-I, Thodupuzha
is quashed.
Sd/-
V.G.ARUN
SB/11/02/2021 JUDGE
Crl.MC.No.86 OF 2021(A) ..6..
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME
NO.383/2018 OF KANJAR POLICE STATION.
ANNEXURE A2 TRUE COPY OF THE FINAL REPORT IN CC
NO.1581/2018 ON THE FILES OF THE JFCM
I, THODUPUZHA IN CRIME NO.383/2018 OF
KANJAR POLICE STATION.
ANNEXURE A3 AFFIDAVIT DATED 15.12.2020 SWORN IN BY
THE 2ND RESPONDENT.
ANNEXURE A4 AFFIDAVIT DATED 15.12.2020 SWORN IN BY
THE 3RD RESPONDENT.
//true copy// P.A to Judge
