Kerala High Court
Shaji vs The State Of Kerala Represented By ... on 16 May, 2023
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Crl MC 2637 of 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 16TH DAY OF MAY 2023 / 26TH VAISAKHA, 1945
CRL.MC NO. 2637 OF 2023
CRIME NO.1169/2022 OF Vizhinjam Police Station, Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT in CC 67/2023 OF JUDICIAL MAGISTRATE OF
FIRST CLASS-VII,NEYYATTINKARA (TEMPORARY)
PETITIONER/S:
1 SHAJI,AGED 19 YEARS,SHINY HOUSE, S/O SHILUVAYYAN, NEAR
ADIMALATHURA FATHIMA MATHA CHURCH, KOTTUKAL VILLAGE,
THIRUVANANTHAPURAM, PIN - 691306
2 SABU,AGED 21 YEARS,SHINY HOUSE, S/O SHILUVAYYAN, NEAR
ADIMALATHURA FATHIMA MATHA CHURCH, KOTTUKAL VILLAGE,
THIRUVANANTHAPURAM CITY, PIN - 691306
BY ADV M.R.SASITH
RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC
PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 REEBA,AGED 20 YEARS,, D/O REENAL, ANNIE HOUSE, NEAR
ADIMALATHURA FATHIMA MATHA CHURCH, CHOWARA, KOTTUKAL,
THIRUVANANTHAPURAM-, PIN - 691306
3 REENAL,AGED 46 YEARS,D/O SABEENA, RESIDING AT ANNIE
HOUSE, NEAR ADIMALATHURA FATHIMA MATHA CHURCH, CHOWARA,
KOTTUKAL, THIRUVANANTHAPURAM -, PIN - 691306
4 ANDREWS,AGED 51 YEARS,S/O ANTHONY, RESIDING AT ANNIE
HOUSE, NEAR ADIMALATHURA FATHIMA MATHA CHURCH, CHOWARA,
KOTTUKAL VILLAGE, NEYYATTINKARA TALUK,
THIRUVANANTHAPURAMN -, PIN - 691306
5 STATION HOUSE OFFICER,VIZHINJAM POLICE STATION,
THIRUVANANTHAPURAM, PIN - 691996
BY ADV.PUSHPALATHA M.K, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.05.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl MC 2637 of 2023
C.S DIAS,J.
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Crl.M.C No.2637 of 2023
-----------------------------
Dated this the 16th day of May, 2023
ORDER
The petition is filed under Section 482 of the Code of
Criminal Procedure to quash Annexure A2 final report and
all further proceedings in CC No.67/2023 of the Judicial
First Class Magistrate Court-VII (Temporary),
Neyyattinkara.
2. The petitioners' case is that they are the accused
No.1 and 2 in Crime No.1169/2022 of the Vizhinjam Police
Station, which is registered against them for the offences
punishable under Sections 294(b), 447, 354, 354B, 324
and 34 of the Indian Penal Code.
3. The prosecution allegation against the petitioners
is that they had with an intention to assault the second
respondent had trespassed into her house and attempted
to grab her mother. When the defacto complainant tried to
resist them, the first accused intentionally tore her dress
Crl MC 2637 of 2023
and outraged her modesty. He also attacked the fourth
respondent and hit her on the left side of her eye. The
second petitioner aided the first petitioner in committing
the above offences. Thus, the petitioners have committed
the above offences.
4. Heard the learned counsel appearing for the
petitioners, the learned Public Prosecutor appearing for
the respondents 1 and 5 and the learned counsel
appearing for the respondents 2 to 4. Perused the
records.
5. The learned counsel appearing for the petitioners
submitted that with the intervention of well-wishers, the
subject matter in dispute between the petitioners and the
respondents 2 to 4 has been amicably settled out of court.
The learned counsel appearing for the respondents 2 to 4
endorsed the above submission and submitted that the
respondents 2 to 4 have filed Annexures A3 to A5 affidavits
stating that they have no objection in Annexure A2 final
report and further proceedings being quashed.
Crl MC 2637 of 2023
6. The learned Public Prosecutor submitted that the
Investigating Officer has ascertained and reported that the
dispute between the parties has been settled and the
respondents 2 to 4 have executed the affidavits without
any compulsion or force. The State has no serious
objection in the petition being allowed.
7. The Hon'ble Supreme Court in Gian Singh vs.
State of Punjab [2012 (10) SCC 303] and Prabatbhai
Aahir @ Parbatbhai Bhimsinhbhai Karmur and
others vs. State of Gujarat and another [(2017) 9 SCC
641] has held that in facts and circumstances of a case and
to secure the ends of justice, where the High Court is
satisfied that an amicable settlement has been arrived
between the parties and the offence is not serious in
nature involving mental depravity, criminal proceedings
may be quashed.
8. After considering the facts and circumstances of
the case and the materials on record, and on being
convinced that ends of justice would justify the exercise of
the inherent power of this Court, particularly since the
Crl MC 2637 of 2023
alleged offences are not serious in nature, no public
interest is involved, the chances of conviction is remote,
the continuation of the proceeding would only be wastage
of judicial time and the settlement would augur harmony, I
am satisfied that the petition is to be allowed.
In the result, the Crl.M.C is allowed. Annexure-A2
final report in Crime No.1169/2022 of the Vizhinjam
Police Station and all further proceedings in C.C
No.67/2023 of the Court of the Judicial First Class
Magistrate Court-VII (Temporary), Neyyattinkara, are
quashed.
The Crl MC is ordered accordingly.
SD/-
sks/16.5.2023 C.S.DIAS, JUDGE
Crl MC 2637 of 2023
APPENDIX OF CRL.MC 2637/2023
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE FIR REGISTERED
IN CRIME NO. 1169/2022 OF VIZHINJAM POLICE
STATION, THIRUVANANTHAPURAM
Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 1169/2022 OF VIZHINJAM POLICE
STATION, THIRUVANANTHAPURAM FILED BY THE
3RD RESPONDENT BEFORE THE HON'BLE JUDICIAL
FIRST-CLASS MAGISTRATE COURT(TEMPORARY),
NEYYATTINKARA
Annexure A3 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT
Annexure A4 THE AFFIDAVIT SWORN BY THE RESPONDENT NO 3
IS PRODUCED
Annexure A5 THE AFFIDAVIT SWORN BY THE RESPONDENT NO.4
