Jishnu vs Sho Kolavallur
2021 Latest Caselaw 15319 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
         THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
                         CRL.MC NO. 3043 OF 2021
          CRIME NO.90/2018 OF Kolavallur Police Station, Kannur
     AGAINST THE ORDER/JUDGMENT IN CC 426/2018 OF CHIEF JUDICIAL
                     MAGISTRATE , THALASSERY, KANNUR
PETITIONERS/ACCUSED NO.1 TO 5:

     1       JISHNU
             AGED 24 YEARS, S/O. AJAYAKUMAR, KARINJA PARAMBATH HOUSE,
             KOLAVALLUR AMSOM, KANNAMKODE, KANNUR-670 693

     2       DINESHAN
             AGED 45 YEARS
             S/O. BALAN, PADIJARE CHAMANTEVIDA HOUSE, KOLAVALLUR
             AMSOM, PARAD, KANNUR-670 693

     3       KUNJIKRISHNAN.K.K.
             AGED 58 YEARS, S/O. KANNAN, KANNOTHUMKANDI HOUSE,

             KOLAVALLUR AMSOM, PARAD, KANNUR-670 693

     4       ABINAD
             AGED 21 YEARS, S/O. SREEDHARAN, THAIKKANDIYIL HOUSE,
             KOLAVALLUR AMSOM, PARAD, KANNUR-670 693

     5       BHAJITH
             AGED 23 YEARS, S/O. BHASKARAN, KANNOTHUMKANDI HOUSE,
             KOLAVALLUR AMSOM, PARAD, KANNUR-670 693

             BY ADV C.Y.VINOD KUMAR



RESPONDENTS/STATE & DEFACTO COMPLAINANT/INJURED:

     1       SHO KOLAVALLUR
             KOLAVALLUR POLICE, KANNUR-670 693,
             (REP BY THE SHO OF POLICE, CR.NO.90/2018 OF KOLAVALLUR
             POLICE STATION), REPRESNTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM-682 031
 Crl. M.C. No.3043/2021             -2-


      2       STATE OF KERALA
              REPRESENTED BY THE PUBLIC PROSECUTOR,
              HIGH COURT OF KERALA, ERNAKULAM-682 031

      3       YASAR
              AGED 23 YEARS
              S/O. ASHARAF, KOMBNATEVIDA HOUSE, PARAD, PUTHOOR
              AMSOM, THALASSERY TALUK, KANNUR-670 693, NOW WORKING
              AS SHOP ASSISTANT AT TALAL SUPER MARKET LLCBR AL-
              QUISAIS DUBAI,
              PB NUMBER-14528 (PASSPORT NUMBER -R0761562)

      4       ANAS
              AGED 21 YEARS, S/O. HASSAN, VAZAYIL HOUSE, PARAD,
              THALASSERY TALUK, KANNUR-670 693

      5       ASHIQUE
              AGED 27 YEARS, S/O. YOOSAF, KUNIYIL HOUSE,
              PARAD, KANNAKODE, THALASSERY TALUK, KANNUR-670 693.

              BY ADVS.
              M.A.AUGUSTINE
              A.R.NIMOD
              SOUMYA JAMES

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl. M.C. No.3043/2021                  -3-

                               JUDGMENT

The petitioners are accused Nos.1 to 5 in C.C.No.426/2018 on the file

of the Judicial First Class Magistrate Court, Thalassery alleging

commission of offence under Sections 143, 147, 148, 341, 324 read with

Section 149 of the Indian Penal Code. The learned counsel for the

petitioners would submit with reference to Annexure-A3 to A5 affidavits of

the defacto complainants (respondents 3, 4 & 5) that the entire issues

between the petitioners and the defacto complainants have been amicably

settled and that the defacto complainants have no objection in the criminal

proceedings against the petitioners being quashed on the basis of the

settlement.

2. I have heard the learned counsel for the respective parties and

the learned Public Prosecutor for the State of Kerala.

3. The Hon'ble Supreme Court in Gian Singh v. State of

Punjab [2012 (10) SCC 303] and Parbatbhai Aahir @ Parbatbhai

Bhimsinhbhai Karmur and others vs. State of Gujarat and

another [(2017) 9 SCC 641] has held that considering the facts and

circumstances of a case, where the High Court is satisfied that an amicable

settlement has been arrived between the parties and the offence is not

serious in nature involving mental depravity etc., criminal proceedings

may be quashed, in order to secure the ends of justice.

4. Considering the facts of the case and the nature of the offence

and keeping in mind the principles laid down by the Supreme Court in the

decisions referred to above, I am of the opinion that this is a fit case where

the inherent jurisdiction of this Court under Section 482 of the Code of

Criminal Procedure can be invoked to quash the proceedings. Apparently,

no public interest is involved. The chances of a successful prosecution are

also remote. It will be a wastage of judicial time to continue with the

prosecution against the petitioners. Therefore this Crl. M.C. is allowed.

C.C. No.426/2018 arising out of Crime No.90/2018 of Kolavallur Police

Station shall stand quashed as against the petitioners.

Sd/-

GOPINATH P.

JUDGE

AMG

APPENDIX OF CRL.MC 3043/2021

PETITIONER ANNEXURE

Annexure A1 CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.426/2018 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY

Annexure A2 COPY OF THE MEMO OF EVIDENCE IN CRIME N90/2018 OF KOLAVALLUR POLICE STATION

Annexure A3 AFFIDAVIT SWORN BY THE 3RD RESPONDENT

Annexure A4 AFFIDAVIT SWORN BY THE 4TH RESPONDENT

ANNEXURE-A5 AFFIDAVIT SWORN BY THE 5TH RESPONDENT