Jaison Joseph vs State Of Kerala
2021 Latest Caselaw 20746 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                      THE HONOURABLE MRS. JUSTICE M.R.ANITHA

          TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943

                             CRL.MC NO. 4135 OF 2021

         CRIME NO.398/2010 OF Sakthikulangara Police Station, Kollam

 AGAINST THE ORDER/JUDGMENT IN CC 1428/2018 OF JUDICIAL MAGISTRATE OF FIRST

                            CLASS -II, KOLLAM, KOLLAM

PETITIONER/ACCUSED:

            JAISON JOSEPH
            AGED 38 YEARS
            S/O JOSEPH, JASMINE LAND, SAKTHIKULANGARA CHERRY,
            SAKTHIKULANGARA VILLAGE, SAKTHIKULANGARA P.O.KOLLAM(DIST)-
            691 581.
            BY ADV C.R.JAYAKUMAR


RESPONDENTS/COMPLAINANTS:

     1      STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
            ERNAKULAM-682 031.
     2      THE SUB INSPECTOR OF POLICE,
            SAKTHIKULANGARA POLICE STATION, KAVANADU P.O.
            KOLLAM(DIST) 691 003.
     3      MARY
            AGED 41 YEARS
            D/O YOKOMA, JOYAL BHAVAN, PUTHENTHURUTHU CHERRY, SAKTHIKULANGARA
            VILLAGE , SASKTHIKULANGARA P.O.KOLLAM(DIST)-691 581.
            BY ADV M.RAJESH
            R1 & R2 BY PUBLIC PROSECUTOR SMT. C. SEENA


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.10.2021,

THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.4135 of 2021
                                   2

                              ORDER

The petitioner is the 1 st accused in crime No.398/2010 of

Sakthikulangara Police Station, which is registered u/s.323, 341,

354 and 447 of IPC, now pending as C.C.No.1428/2018 on the

file of the Judicial First Class Magistrate Court-II, Kollam.

2. It is alleged that on 25.04.2010 at about 18.00 hours

while the defacto complainant had found the accused Nos.1 & 2

have been using criminal force against her children and

dragging them, defacto complainant reacted and questioned the

illegal act of the accused. While so, the first accused had tightly

gripped on the hand of the defacto complainant and the second

accused fisted on her left eye. Thereby, the accused alleged to

have committed the offence aforementioned.

3. Now, the petitioner, who is the first accused settled the

matter with the 3rd respondent - defacto complainant and

Annexure-3 is the affidavit duly sworn in by the defacto

complainant.

4. Adv.Sri.M. Rajesh appeared on behalf of the 3 rd

respondent - defacto complainant and submitted that the matter

has been amicably settled between the defacto complainant and Crl.M.C.No.4135 of 2021

the petitioner.

5. Annexure-1 is the copy of Final Report. Annexure-2 is

the copy of judgment in C.C.No.2154/2010 dated 14.8.2018 on

the file of the Judicial First Class Magistrate Court-II, Kollam, by

which the 2nd accused found guilty and sentenced thereunder.

6. Now the defacto complainant settled the entire matter

with the petitioner/1st accused and the affidavit sworn in by the

defacto complainant would go to show that she has no intention

to prosecute the case as against the petitioner and has no

objection in quashing the charge sheet in crime No.398/2010,

now pending as C.C.No.1428/2018 on the file of the Judicial First

Class Magistrate Court-II, Kollam against the first accused.

7. The learned Public Prosecutor also would submit that

the signed statement of the defacto complainant has been taken

and she would fully support all the averments in Annexure-3

affidavit.

8. In Gian Singh v. State of Punjab and Another

(2012 (10) SCC 303 : 2012 KHC 4530) a three Judge Bench

of the Hon'ble Supreme Court while dealing with Section 482 of

the Code of Criminal Procedure, 1973 has held that criminal Crl.M.C.No.4135 of 2021

cases having civil flavour and arising from criminal financial

merchantile, civil, partnership, matrimony relating to dowry or

family disputes where wrong is private or personal in nature can

be quashed in view of the settlement between the parties.

9. Since the matter has been amicably settled between

the petitioner/1st accused and the defacto complainant, there

would not be any purpose in continuing the proceedings against

the petitioner. No public interest is involved and the issue is

purely private in nature. Hence I do not find any impediment in

quashing the proceedings against the petitioner and further

continuance of the proceedings against the petitioners also will

be an abuse of process of law. Therefore, I am of the view that it

is only just and proper to quash the entire proceedings against

the petitioner in crime No.398/2010 of Sakthikulangara Police

Station, now pending as C.C.No.1428/2018 on the file of the

Judicial First Class Magistrate Court-II, Kollam. It is ordered

accordingly.

Crl.M.C. stands allowed.

Sd/-

                                                    M.R.ANITHA

shg                                                     JUDGE
 Crl.M.C.No.4135 of 2021





                          APPENDIX OF CRL.MC 4135/2021

PETITIONER ANNEXURE
Annexure1                 A CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO

398/2010 OF SAKTHIKULANGARA POLICE STATION Annexure 2 CERTIFIED COPY OF THE JUDGMENT OF JFMC 11, KOLLAM DATED 14.8.2018 IN CC NO 2154/2010 Annexure 3 AN AFFIDAVIT DATED 28.8.2021 SUBMITTED BY THE 3RD RESPONDENT