Babu vs State Of Kerala
2021 Latest Caselaw 12417 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

     TUESDAY, THE 11TH DAY OF MAY 2021 / 21ST VAISAKHA, 1943

                    Crl.MC.No.2447 OF 2021(E)

 AGAINST THE ORDER/JUDGMENT IN CC 821/2019 OF JUDICIAL MAGISTRATE
                 OF FIRST CLASS -II,KOTTARAKKARA

      CRIME NO.976/2012 OF Pooyapally Police Station, Kollam

PETITIONER/2ND ACCUSED:

             BABU
             AGED 33 YEARS
             MISSIONVILA VEEDU, MISSIONVILA, MARUTHAMONPALLI,
             POOYAPPALLY VILLAGE, KOLLAM.

             BY ADV. SRI.SYAM J SAM

RESPONDENT/STATE:

      1      STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA.

      2      JIJO
             AGED 34 YEARS
             S/O. BABU, JINSY BHAVAN, MISSION VILA,
             MARUTHAMONPALLY, POOYAPPALLY VILLAGE, KOTTARAKKARA,
             KOLLAM.

      3      LILLY KUTTY
             AGED 52 YEARS
             D/O. RAHEL, JINSY BHAVAN, MISSION VILA,
             MARUTHAMONPALLY, POOYAPPALLY VILLAGE, KOTTARAKKARA,
             KOLLAM.

      4      BABU
             AGED 62 YEARS
             S/O. JOB, JINSY BHAVAN, MISSION VILA,
             MARUTHAMONPALLY, POOYAPPALLY VILLAGE, KOTTARAKKARA,
             KOLLAM.

             R2-4 BY ADV. SUNAINA ABDULKADER
             P.P.SRI.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.05.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.2447 OF 2021(E)

                                2



                   P.V.KUNHIKRISHNAN, J.
              --------------------------------------
                   Crl.M.C. No. 2447 of 2021
              ---------------------------------------
             Dated this the 11th day of May, 2021


                            ORDER

This petition is filed under Sec. 482 of the Cr.P.C. to quash

the entire proceedings in C.C.No.821/2019 on the file of the

Judicial Magistrate of the First Class-II, Kottarakkara which

arises from Crime No.976/2012 of Pooyappally Police Station,

Kollam. The above case is registered against the petitioner/2nd

accused alleging offences punishable under Sections 143, 147,

148, 452, 294(b), 323, 324, 354, 427 r/w 149 of the IPC.

2. When this matter came up for consideration, the

learned counsel for the petitioner submitted that the co-

accused is already acquitted as per Annexure A2 judgment.

The counsel also submitted that the matter is settled and the

respondent Nos.2 to 4 filed affidavit stating that they have no

objection in quashing the proceedings against the petitioner. Crl.MC.No.2447 OF 2021(E)

The Public Prosecutor also submitted that the State has no

objection in quashing the proceedings. In the light of the

above facts, I think this Crl.M.C. can be allowed.

3. Having considered the gravity of the offences

alleged, nature of the injury caused and having perused the

affidavits filed by the respondent Nos. 2 to 4 the contents of

which are submitted to be true and voluntary, I am satisfied

that the matter has been amicably settled and that no public

interest is involved in this matter. Moreover, in view of the

settlement arrived at between the parties, there is no

possibility of the criminal proceedings ending in conviction. 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 Punjab and another [(2012) 10 SCC

303], there is no impediment in granting the relief.

Hence, this Crl.M.C. is allowed. All further proceedings in

C.C.No.821/2019 on the file of the Judicial Magistrate of the Crl.MC.No.2447 OF 2021(E)

First Class-II, Kottarakkara which arises from Crime

No.976/2012 of Pooyappally Police Station, Kollam are

quashed.

Sd/-

P.V.KUNHIKRISHNAN

JUDGE mpm Crl.MC.No.2447 OF 2021(E)

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 THE CERTIFIED COPY OF THE CHARGE SHEET IN CRIME 976/2012 OF POOYAPPALLY POLICE STATION, KOLLAM.

ANNEXURE A2 THE TRUE COPY OF JUDGMENT IN CC 796/2014 BEFORE THE JFCM-II DATED 13.12.2019.

ANNEXURE A3 THE TRUE COPY OF THE AFFIDAVIT FILED BY THE SECOND RESPONDENT.

ANNEXURE A4 THE TRUE COPY OF THE AFFIDAVIT FILED BY THE THIRD RESPONDENT.

ANNEXURE A5 THE TRUE COPY OF THE AFFIDAVIT FILED BY THE FOURTH RESPONDENT.