Shine vs State Of Kerala
2022 Latest Caselaw 4444 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
           THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
     TUESDAY, THE 12TH DAY OF APRIL 2022 / 22ND CHAITHRA, 1944
                      CRL.MC NO. 157 OF 2022
AGAINST THE ORDER/JUDGMENT IN CC 1496/2020 OF JUDICIAL MAGISTRATE
                    OF FIRST CLASS -II, KOLLAM
PETITIONERS/ACCUSED NO.1 TO 3:
     1     SHINE, AGED 32 YEARS,
           S/O. RAJU, KRISHNAPURI VEEDU, THAZATHCHERI, MAYYANAD,
           KOLLAM-691303.
     2     ADARSH, AGED 26 YEARS,
           S/O. SUNDARESHAN, S.S.BHAVAN, VENPALAKARA, MAYYANAD,
           KOLLAM-691020.
     3     GOPU,
           AGED 27 YEARS
           S/O. LAKSHMANAN, MANI MANDIRAM, SATHAMKOVIL, MAYYANAD,
           KOLLAM-691303.
           BY ADVS.
           M.KIRANLAL
           MANU RAMACHANDRAN
           R.RAJESH (VARKALA)
           T.S.SARATH
           SAMEER M NAIR
           GEETHU KRISHNAN
           HARSHA SUSAN SAM


RESPONDENT/STATE & DE-FACTO COMPLAINANT:

    1     STATE OF KERALA,
          REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
          KERALA, ERNAKULAM-682031.
    2     THE STATION HOUSE OFFICER,
          POLICE STATION OF ERAVIPURAM, KOLLAM DISTRICT-691011.
    3     SHAIJU
          AGED 52 YEARS
          S/O.SOMAN, APSARA HOUSE NO.108, VENPALAKARA,
          VALATHUNGAL, KOLLAM-691303.
          BY ADV ANSU VARGHESE
          SRI. PRASANTH. M.P, PP.
     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 157 OF 2022
                                2

                             ORDER

The petitioners are the accused No.1 to 3 in Crime

No.1762/2020 of Eravipuram Police Station, Kollam District

and the offences alleged against the petitioners are under

Sections 457,461,380 r/w 34 of the Indian Penal Code.

2.The allegation is that the petitioners/accused No.1

to 3, with an intention to commit theft, broke the roof

tile and entered into the dining hall of house No.108,

"Apsara", Valathugal, Eravipuram, Kollam and committed

theft of mixer grinder, cooking gas, LED TV.

3. Heard the learned counsel for the petitioners, the

learned Public Prosecutor as well as the learned counsel

for 3rd respondent.

4. It is submitted by respective counsel that the

petitioners and 3rd respondent have arrived at an amicable

settlement and Annexure A3 is the affidavit filed. The

affidavit, inter alia, state that all disputes are settled

and that the pendency of criminal proceeding would cause

hardship to all the parties.

5. From the submission across the Bar and perusing

the criminal M.C. and the affidavit referred above, I am CRL.MC NO. 157 OF 2022

satisfied that there has been an amicable settlement and

that there is no vitiating circumstances in the

respondents filing the affidavit. No purpose will be

served by continuing the proceedings in the above

circumstances. It is submitted by the learned Public

Prosecutor that the statement of the de facto complainant

has also be taken to verify the genuineness of the

settlement.

6. In view of the judgment of the Hon'ble Supreme

Court in Gian Singh v. State of Punjab and another [2012

(10) SCC 303] and considering the facts and circumstances

of the case and in exercise of power of this Court under

Section 482 of the Code of Criminal Procedure, I hereby

quash Annexure A1 FIR and all further proceedings in Crime

No.1762/2020 of Eravipuram Police Station, Kollam District

against these petitioners.

The Crl.MC is allowed as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE msp CRL.MC NO. 157 OF 2022

APPENDIX OF CRL.MC 157/2022

PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FIR IN CRIME NO.1762/2020 OF POLICE STATION OF ERAVIPURAM, KOLLAM DISTRICT.

Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1762/2020 OF POLICE STATION OF ERAVIPURAM WHICH IS NOW PENDING AS C.C.NO.1496/2020 ON THE FILES OF JFMC II KOLLAM.

Annexure A3 THE ORIGINAL OF THE AFFIDAVIT DATED 26.12.2021 SWORN BY THE 3RD RESPONDENT/DE- FACTO COMPLAINANT.