Kerala High Court
Peter Jose @Prince vs Yohannan @ Honai on 8 December, 2023
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
CRL.MC NO. 9167 OF 2023
CRIME NO.172/2023 OF Mulanthuruthy Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT CC 311/2023 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT, PIRAVOM
PETITIONER/ACCUSED:
PETER JOSE @PRINCE
AGED 47 YEARS
PALAL HOUSE, PULIKYAMALI KARA, MULANTHURUTHY ERNAKULAM
DISTRICT, PIN - 682314
BY ADV P.VIPIN KUMAR
RESPONDENT/COMPLAINANT:
1 YOHANNAN @ HONAI
AGED 56 YEARS
NJARAKKATTILL HOUSE, THALPANA KARA, MULANTHURUTHY
ERNAKULAM DISTRICT, PIN - 682314
2 BEENA
AGED 50 YEARS
W/O YOHANNAN NJARAKKATTILL HOUSE, THALPANA KARA,
MULANTHURUTHY ERNAKULAM DISTRICT, PIN - 682314
3 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
SRI NOUSHAD K.A. (SR PP) /
SRI BINU B. SAMUEL (FOR RESPONDENT)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.12.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 9167 OF 2023 2
ORDER
Petitioner is the sole accused in Crime No.172/2023 of
Mulanthuruthy Police Station, Ernakulam District, alleging
commission of offences under Sections 447, 323, 509 of the
Indian Penal Code. The matter is now pending as C.C.
No.311/2023 on the file of the Judicial First Class Magistrate
Court, Piravom.
2. The learned counsel appearing for the petitioner would
submit that the entire issues between the petitioner and
respondent Nos.1 and 2 have been settled. Learned counsel
appearing for the petitioner also refers to Annexures 4 and 5
affidavits executed by respondent Nos.1 and 2 to establish that
the entire issues between the petitioner and respondent Nos.1
and 2 have been settled and respondent Nos.1 and 2 do not intend
to continue with the proceedings against the petitioner.
3. The learned Public Prosecutor and the learned counsel
appearing for respondent Nos.1 and 2 would confirm that the
entire issues between the petitioner and respondent Nos.1 and 2
have been settled and respondent Nos.1 and 2 do not wish to
continue with the prosecution in any manner.
4. Having heard the learned counsel for the petitioner,
the learned Public Prosecutor and the learned counsel for
respondent Nos.1 and 2, I am of the view that this is fit case
where the jurisdiction of this Court under Section 482 of
Cr.P.C. can be invoked to quash the proceedings against the
petitioner on the ground of settlement. The principles
governing the circumstances in which this Court can exercise
the jurisdiction under Section 482 of the Cr.P.C to quash
criminal proceedings in respect of non-compoundable offences
are delineated by the judgments of the Supreme Court in Gian
Singh V. State of Punjab [(2012) 10 SCC 303] and State
of Madhya Pradesh V. Laxmi Narayan and Others [(2019)
5 SCC 688]. It is clear from the reading of the aforesaid
judgments that offences of heinous nature cannot be quashed
on the ground of subsequent settlement. Here, the nature of
the offences does not compel me to hold that the proceedings
cannot be quashed on the ground of settlement. No public
interest will be served by continuing with the proceedings
against the petitioner. It is unlikely that the State will be able
to successfully prosecute the case against the petitioner. In
that view of the matter, I am of the view that this is fit case
where the jurisdiction of this Court under Section 482 of
Cr.P.C. can be invoked to quash the proceedings against the
petitioner on the ground of settlement.
Accordingly, this Crl.M.C. is allowed and all further
proceedings in C.C. No.311/2023 on the file of the Judicial First
Class Magistrate Court, Piravom (arising out of Crime
No.172/2023 of Mulanthuruthy Police Station, Ernakulam
District), will stand quashed as against the petitioner.
Sd/-
GOPINATH P.
JUDGE
ajt
PETITIONER ANNEXURES
AnnexureA1 CERTIFIED COPY OF THE F.I. STATEMENT IN CRIME
NO. 172/2023 OF MULANTHURUTHY POLICE STATION
AnnexureA2 CERTIFIED COPY OF THE F.I.R IN CRIME NO.
172/2023 OF MULANTHURUTHY POLICE STATION
AnnexureA3 THE CERTIFIED COPY OF THE CHARGE SHEET IN C.C
NO. 311/2023 OF THE JFCM COURT, PIRAVOM
Annexure4 AN AFFIDAVIT SWORN IN BY THE RESPONDENT NO 1
AnnexureA5 AN AFFIDAVIT SWORN IN BY THE RESPONDENT NO 2
