Johnson vs State Of Kerala
2022 Latest Caselaw 6317 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
             THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
        FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                        CRL.MC NO. 11 OF 2022
  CRIME NO.47/2009 OF Puthenvelikkara Police Station, Ernakulam
  AGAINST THE ORDER/JUDGMENT IN CC 407/2016 OF JUDL. FIRST CLASS
             MAGISTRATE COURT,NORTH PARAVUR (TEMPORARY)
PETITIONERS/ACCUSED NOS. 1 TO 5:

    1       JOHNSON,
            AGED 44 YEARS
            S/O.VARUTHUKUTTY, PUTHEN VEETTIL, THIRUMUKKULAM
            VILLAGE, THRISSUR DISTRICT, PINCODE-680 734.
    2       SIVADASAN,
            AGED 33 YEARS
            S/O.SUBRAMANIAN, THOPPIL VEETTIL, MADATHUMPADY VILLAGE,
            THRISSUR DISTRICT-680 733.
    3       SANISH,
            AGED 31 YEARS
            S/O.SASI, THATTRUPARAMBIL VEETTIL, MADATHUMPADY
            VILLAGE, THRISSUR DISTRIT, PINCODE-680 733.
    4       DEEPESH,
            AGED 34 YEARS
            S/O.DIVAKARAN, VETTUVANATHARA VEETTIL, MADATHUMPADY
            VILLAGE, THRISSUR DISTRIT, PINCODE-680 733.
    5       RAJESH,
            AGED 34 YEARS
            S/O.DIVAKARAN, VETTUVANTHARA VEETTIL, MADATHUMPADY
            VILLAGE, THRISSUR DISTRIT, PINCODE-680 733.
            BY ADV ASHIK K.MOHAMED ALI



RESPONDENTS/STATE & CHARGE WITNESS NOS 1 & 2:

    1       STATE OF KERALA,
            REPRESENTED BY THE SUB INSPECTOR OF POLICE,
            PUTHENVELIKKARA POLICE STATION, ERNAKULAM-683 594,
            ERNAKULAM DISTRICT (THROUGH THE PUBLIC PROSECUTOR, HIGH
            COURT OF KERALA, ERNAKULAM), PIN-682031
    2       SHAIJU,
 CRL.MC NO. 11 OF 2022
                                2

          AGED 38 YEARS
          S/O.GEORGE, PULIKKAL VEETTIL, PUTHENVELIKKARA VILLAGE,
          ERNAKULAM-683 594.
    3     JOCKSAN,
          AGED 29 YEARS
          S/O.GEORGE, PULIKKAL VEETTIL, PUTHENVELIKKARA VILLAGE,
          ERNAKULAM-683 594.
           JOCKSAN, AGED 29 YEARS, S/O GEORGE, PADIYIL VEETTIL,
     4     PUTHENVELIKKARA VILLAGE, ERNAKULAM-683594

           BY ADV KURIAN JOSEPH (ARAKKUNNAM)
           SUDHEER GOPALAKRISHNAN , PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 11 OF 2022
                                      3




                                  O R D E R

The petitioners are the accused numbers 1 to 5 in Crime No.47/2009

of the Puthenvelikkara police station which is now pending as CC

No.407/2016 before the Judicial First Class Magistrate Court-III North

Paravur. The offenses alleged against the petitioners are under section

143, 147, 148, 323, 324, 294(b), 506(i) read with Section 149 of IPC. The

prosecution case is that on 22-01-2009 at 10.45 p.m, due to enmity of the

first petitioner to CW1, petitioners formed into an unlawful assembly,

assaulted and threatened him using filthy languages. When the CWs 2 and

3 tried to intervene, they were also assaulted. Annexure A1 is the final

report submitted by the police. It is reported that, CW3 is no more and

Annexure A4 death certificate has been produced. This Crl.M.C is filed for

quashing all further proceedings pursuant to the above calendar case.

2. Heard Sri.Ashik K.Mohammed Ali, learned Counsel appearing

for the petitioner, Sri.Sudheer Gopalakrishnan, Leaned Public Prosecutor

for the state and Sri.Kurian Josep Arakkunnam, Learned Counsel appearing

for the respondents 2 and 3.

CRL.MC NO. 11 OF 2022

3. Prayer for quashing the proceedings is sought mainly on the

ground that the dispute between the parties has been settled. Annexures-A2

and A3 affidavits sworn by the respondents 2 and 3 are filed along with this

Crl.M.C. to substantiate the settlement. In the said affidavits, the

respondents 2 and 3 had specifically acknowledged the aforesaid settlement

and also conveyed the no-objection to quash the proceedings against the

petitioners herein. The learned counsel appearing for the respondents 2 and

3 also confirms the same. The learned Public Prosecutor, upon

instructions, submitted that the Station House Officer concerned has

verified the veracity of the same and found it to be genuine.

4. The allegations would reveal that the dispute is purely private in

nature. In such circumstances, by applying the principles laid down by the

Honorable Supreme Court in Gian Singh v. State of Punjab and Another

[(2012) 10 SCC 303], proceedings can be quashed by invoking the powers

of this Court under Section 482 Cr.P.C. This is particularly because, on

account of the settlement, no fruitful purpose would be served by allowing

the prosecution to continue.

5. In the result, this Crl.M.C. is allowed, and Annexure-A1 final

report submitted in Crime No. 47 of 2009 of Puthenvelikkara Police Station CRL.MC NO. 11 OF 2022

and all further proceedings in C.C. No.407 of 2016 on the file of the

Judicial First Class Magistrate Court-III, North Paravur against the

petitioners are hereby quashed.

sd/-

ZIYAD RAHMAN A.A.

JUDGE KVT CRL.MC NO. 11 OF 2022

APPENDIX OF CRL.MC 11/2022

PETITIONERS' ANNEXURES:

Annexure A1 CERTIFIED COPY OF THE CHARGE SHEET IN CC NO.407 OF 2016 OF THE COURT OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS III, NORTH PARAVUR.

Annexure A2 THE AFFIDAVIT FILED BY THE 2ND RESPONDENT. Annexure A3 THE AFFIDAVIT FILED BY THE 3RD RESPONDENT. Annexure A4 TRUE COPY OF THE DEATH CERTIFICATE ISSUED IN THE NAME OF PAVIN, S/O.JOSEPH, PAYYAPPILLY VEETTIL, PUTHENVELIKKARA VILLAGE, ERNAKULAM- 683 594.