Kerala High Court
Crime No.635/2017 Of ... vs By Adv. Sri.Unni Sebastian Kappen on 30 March, 2021
Crl.MC.No.706 OF 2021(G) 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943
Crl.MC.No.706 OF 2021(G)
AGAINST THE ORDER/JUDGMENT IN CC 709/2017 OF JUDICIAL MAGISTRATE
OF FIRST CLASS ,ALATHUR
CRIME NO.635/2017 OF Wadakkancherry Police Station , Palakkad
PETITIONERS/ACCUSED NOS.1 TO 5
1 T. V. ABRAHAM
AGED 64 YEARS
S/O.ULAHANNAN, THOLANIKKAL HOUSE, MUDAPPALLUR P.
O., KARAMPADAM, ALATHUR, PALAKKAD.
2 ASSIZ M.
AGED 57 YEARS
S/O.MUHAMMED MOOSA, NIYAS MANZIL, MUDAPPALLUR,
KARAMPADAM, ALATHUR, PALAKKAD.
3 THOMASON
AGED 31 YEARS
S/O. ABRAHAM, THOLANIKKAL HOUSE, MUDAPPALLUR P. O.,
KARAMPADAM, ALATHUR, PALAKKAD.
4 NICKSON
AGED 35 YEARS
S/O. ABRAHAM, THOLANIKKAL HOUSE, MUDAPPALLUR P. O.,
KARAMPADAM, ALATHUR, PALAKKAD.
5 ISMAIL
AGED 31 YEARS
S/O. ASSIZ, NIYAS MANZIL, MUDAPPALLUR, KARAMPADAM,
ALATHUR, PALAKKAD.
BY ADV. SRI.UNNI SEBASTIAN KAPPEN
RESPONDENTS/DEFACTO COMPLAINANT AND STATE:
1 ANJU MATHEW
AGED 37 YEARS
W/O.ULLAS, THAIPARAMBIL HOUSE, KAVALATHUPADAM,
MUDAPPALLUR, ALATHUR, PALAKKAD - 678 705.
Crl.MC.No.706 OF 2021(G) 2
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682 031.
R1 BY ADV. V.A.JOHNSON (VARIKKAPPALLIL)
OTHER PRESENT:
PP AJITH MURALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.706 OF 2021(G) 3
ORDER
Petition under Section 482 of the Code of
Criminal Procedure.
in Crime No.635 of 2017 of Vadakkancherry Police
Station registered for the offences punishable
under Sections 143,147,294(b) and 506(i) read with
Section 149 of Indian Penal Code, now pending as
C.C. No.709 of 2017 on the file of the Judicial
First Class Magistrate-I, Alathur .
3. Heard both sides and perused the
records.
4. The learned counsel for the petitioners
submitted that the case has been initiated by
the defacto complainant on some misunderstanding
with the petitioners and now the parties have
resolved the entire dispute among themselves and as
such there is no subsisting dispute between them.
Therefore, this petition to quash Annexure A final
report and all further proceedings in
C.C.No.709/2017.
5. Learned counsel appearing for the 1st
respondent also submitted that she has absolutely
no grievance or complaints against the petitioners.
Annexure B is the affidavit sworn to by her in
support of the submission of the petitioners. The
affidavit further indicates that she has no
intention to pursue the matter further.
6. The learned Public Prosecutor has
reported that the prosecution has no serious
objection in allowing the petition, as prayed for.
7. The nature and gravity of the offences
alleged are not serious and now as the dispute has
been amicably settled, the possibility of
conviction is remote and bleak and therefore, no
useful purpose would be served in proceeding with
the case.
Considering the special facts and
circumstances involved in this case, I find that no
fruitful purpose is likely to be served by
proceeding with the matter against the petitioners.
Moreover, no public interest is involved in the
case and there is no legal impediment in granting
the prayer as sought for by the petitioners.
Therefore, to subserve the ends of justice, this
Crl.M.C. is only to be allowed.
For the foregoing reasons, Annexure A final
report and all further proceedings in C.C. No.709
of 2017 on the file of the Judicial First Class
Magistrate-I, Alathur, arising from Crime No.635 of
2017 of Vadakkancherry Police Station will stand
quashed as prayed for.
Sd/-
SHIRCY V.
Smm JUDGE
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO.635/2017 OF VADAKKANCHERRY POLICE
STATION IN PALAKKAD DISTRICT IN
C.C.NO.709/2017 ON THE FILE OF THE COURT OF
JUDICIAL FIRST CLASS MAGISTRATE I, ALATHUR.
ANNEXURE B AFFIDAVIT SWORN BY THE 1ST RESPONDENT
HEREIN EVIDENCING THE AFORESAID SETTLEMENT.
