Stephen George vs Sarath Retnakaran
2023 Latest Caselaw 926 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
         THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
  TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                   CRL.MC NO. 1618 OF 2020
AGAINST THE ORDER/JUDGMENT CC 643/2019 OF JUDICIAL MAGISTRATE
              OF FIRST CLASS -II,PATHANAMTHITTA
PETITIONER/ACCUSED 1 TO 5:

    1     STEPHEN GEORGE
          AGED 36 YEARS
          S/O. GEORGE, PLAPARAMBIL VEEDU, NEDUMPRAYAR,
          MARAMON P.O., THOTTAPUZHASSERRY, PATHANAMTHITTA
          DISTRICT

    2     JOBY JOSE
          AGED 28 YEARS
          S/O. JOSE THOMAS, PLAMKUZHIYIL VEEDU, NEDUMPRAYAR,
          CHIRAYIRAMBU POST, THOTTAPUZHASSERRY,
          PATHANAMTHITTA DISTRICT

    3     ASHOK PANICKER
          AGED 40 YEARS
          S/O. UNNIKRISHNA PANCIKER, PUNNATHATTU VEEDU,
          CHIRAYIRAMBU P.O., THOTTAPUZHASSERRY,
          PATHANAMTHITTA DISTRICT

    4     JIMS V. GEORGE
          AGED 35 YEARS
          S/O. GEORGE, VALIYAKALIYIL VEEDU, NEDUMPRAYAR,
          MARAMON P.O., THOTTAPUZHASSERRY, PATHANAMTHITTA
          DISTRICT

    5     ASHWIN M CHANDRAN
          AGED 26 YEARS
          S/O. CHANDRAN, MANTHANATHU VEEDU, NEDUMPRAYAR,
          CHIRAYAMBU P.O., THOTTAPUZHASSERRY, PATHANAMTHITTA
          DISTRICT

         BY ADV UNNI SEBASTIAN KAPPEN
                                     2

Crl.M.C No.1618 of 2020

RESPONDENT/DEFACTO COMPLAINANT AND STATE:

     1       SARATH RETNAKARAN
             AGED 29 YEARS
             S/O. RETNAKARAN, MOUTTATHU KUNNIL, EETICHUVADU
             POST, EETICHUVADU, RANNI, PATHANAMTHITTA DISTRICT
             - 689 303

     2       STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM - 682 031

     3       ASISH M VARGHESE ( SOUGHT TO BE IMPLEADED )
             S/O P V MANI, PATHIYIL VEEDU
             KANAM P.O
             KANGAZHA VILLAGE
             CHANGANACHERRY TALUK
             KOTTAYAM DISTRICT.

             R3 IMPLEADED AS PER OREDER DATED 17.01.2023 IN CRL
             MA NO 1/2022 IN CRL MC NO 1618/2022

             BY ADVS.
             V.A.JOHNSON (VARIKKAPPALLIL)
             UNNI SEBASTIAN KAPPEN




             ADV C S HRITHWIK - SR PP



      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   17.01.2023,      THE   COURT   ON   THE   SAME   DAY   PASSED   THE
FOLLOWING:
                                    3

Crl.M.C No.1618 of 2020


                              ORDER

The petitioners are the accused Nos. 1 to 5 in Crime

No.601/2019 of Koipuram Police Station which is now pending as

C.C 643/2019 before the Judicial First Class Magistrate Court-II,

Pathanamthitta. The offences alleged against the petitioners are

punishable under Sections 143, 147, 149, 341, 294(b), 427, 323

and 506 (1) of Indian Penal Code. The 1 st and 3rd respondents are

the victims of the crime. Annexure-A is the Final Report submitted

by the Police. This Crl.MC is filed for quashing all further

proceedings pursuant thereto.

2. Heard Sri.Unni Sebastian Kappen, the learned counsel

appearing for the petitioners, Sri. C.S Hrithwik, the learned Public

Prosecutor appearing for the State and Sri. Johnson Varikkappallil,

the learned counsel appearing for the respondents 1 and 3.

3. The prayer for quashing the above proceedings is

sought for by the petitioners on the ground that, the dispute

between the parties has been settled and to substantiate the

same, the injured persons have sworn Annexures-B and C

Crl.M.C No.1618 of 2020

affidavits respectively. The aforesaid affidavits indicate that, the

matter has been settled and the injured persons have no

subsisting grievance against the petitioners herein. They also

conveyed that they have no objection in quashing the proceedings

against the petitioners herein. The learned counsel for the

respondents Nos.1 and 3/injured persons also confirmed the

same. The learned Public Prosecutor upon instructions submitted

that the veracity of the settlement was verified by the Station

House officer concerned and before the SHO also, the injured

persons have reiterated that, they do not have any objection in

quashing the proceedings as they have no subsisting grievance

against the petitioners herein.

4. Going through the materials available on record, it is

discernible that, the dispute is basically private in nature and on

account of settlement arrived at between the parties, no purpose

would be served if the proceedings against the petitioners herein

were allowed to continue. In such circumstances, the chances of a

successful prosecution are very bleak. Therefore, I am of the view

that going by the decision in Gian Singh v. State of Punjab and

Another [2012(4) KLT 108], this is a fit case in which the

Crl.M.C No.1618 of 2020

powers of this Court under Section 482 of the Code of Criminal

Procedure can be invoked.

Accordingly, this Crl.M.C. is allowed. Annexure-A Final Report

in Crime No.601/2019 of Koipuram Police Station and all further

proceedings in C.C No. 643/2019 pending before the Judicial First

Class Magistrate Court-II, Pathanamthitta as against the

petitioners are hereby quashed.

Sd/-

ZIYAD RAHMAN A.A JUDGE rpk

Crl.M.C No.1618 of 2020

APPENDIX OF CRL.MC 1618/2020

PETITIONER ANNEXURES

ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN C.C. NO.643/2019 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, PATHANAMTHITTA, IN CRIME NO.601/2019 OF THE KOIPURAM POLICE STATION, PATHANAMTHITTA DISTRICT

ANNEXURE B THE AFFIDAVIT SWORN TO BY THE 1ST RESPONDENT / DEFACTO COMPLAINANT

Annexure C AFFIDAVIT SWORN BY THE ADDITIONAL 3RD RESPONDENT EVIDENCING THE FACTUM OF SETTLEMENT