Kerala High Court
Jaison @ Appu vs State Of Kerala on 12 April, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA,
1946
CRL.MC NO. 2394 OF 2024
CRIME NO.197/2011 OF PALLITHOTTAM POLICE STATION,
KOLLAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.966 OF 2018
OF JUDICIAL FIRST CLASS MAGISTRATE COURT - III, KOLLAM
..............................
PETITIONERS/ACCUSED NOS.4 & 5:
1 JAISON @ APPU, AGED 26 YEARS
S/O.NELSON, THOPPIL PURAYIDOM,
KAIKULANGARA CHERRY, KOLLAM WEST VILLAGE,
KOLLAM DISTRICT, PIN - 691 001.
2 MARTIN, AGED 26 YEARS
S/O.THOMAS ZACHARIA, THOPPIL PURAYIDOM,
NEAR CYMS LIBRARY, KAIKULANGARA CHERRY,
KOLLAM WEST VILLAGE,
KOLLAM DISTRICT, PIN - 691 001.
BY ADVS.
K.SIJU
ANJANA KANNATH
MARIYA JOSE
JOSHNA JOY
RESPONDENT/STATE & DEFACTO COMPLAINANT & INJURED :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682 031.
2 STATION HOUSE OFFICER
PALLITHOTTAM POLICE STATION,
KOLLAM DISTRICT, PIN - 691 006.
CRL.MC 2394/2024
2
3 BINOY, AGED 36 YEARS
S/O.YOHANNAN, BIBIN NIVAS,
NEAR KOTHALAVAYAL TEMPLE,
PUNNATHALA CHERI, KOLLAM WEST VILLAGE,
KOLLAM DISTRICT, PIN - 691 001.
4 MILTON, AGED 41 YEARS
S/O.GEORGE, THALAYATTU PARAMBIL,
PUNNATHALA CHERI, KOLLAM WEST VILLAGE,
KOLLAM DISTRICT, PIN - 691 001.
SRI. T.R. RANJITH (PP)
SRI.MUHAMMED RAFFI - R3 & R4
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC 2394/2024
3
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C. No.2394 of 2024
...................................................
Dated this the 12th day of April, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 482 Cr.P.C
to quash all proceedings against them.
2. Petitioners are accused 4 and 5 in C.C.No.966/2018 on the files of
the Judicial First Class Magistrate Court-III, Kollam, arising out of
Crime No.197/2011 of Pallithottam Police Station, registered for the
offences punishable under Sections 143, 147, 148, 341, 323, and
324 r/w Section 149 of the Indian Penal Code, 1860. The third
respondent is the de facto complainant and the fourth respondent
is the injure witness.
3. According to the prosecution, accused had, on 27.03.2011 formed
themselves into an unlawful assembly and assaulted the de facto
complainant with stone, thereby committing the offences alleged.
4. Heard the learned counsel for the petitioners and the learned
counsel for the respondents, apart from the learned Public
Prosecutor.
5. The learned counsel for the petitioners submitted that the matter
has been settled and hence the proceedings against the petitioners
ought to be quashed. It was also submitted that, considering the
nature of offences alleged, no purpose would be served by
continuing the proceedings.
6. In Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303],
the Apex Court has held that in appropriate cases, the High Court
can take note of the amicable resolution of disputes between the
victim and the wrongdoer to put an end to the criminal
proceedings. This view was reiterated in Narinder Singh and
Others v. State of Punjab and Another [(2014) 6 SCC 466] and
Yogendra Yadav and Others v. State of Jharkhand and Another
[(2014) 9 SCC 653].
7. I have perused Annexure-A4 and Annexure-A5 affidavits filed by
the respondents 3 and 4. The learned Public Prosecutor has
submitted that upon verification, it is understood that the affidavits
are genuine, and the de facto complainant and other deponent
stand by the contents thereof. I am satisfied that the matter has
been settled and no public interest is involved in this case. There
is no impediment for granting the prayer for quashing. The
continuance of the proceedings will only be an exercise in futility.
Accordingly, all proceedings against the petitioners in
C.C.No.966/2018 on the files of the Judicial First Class Magistrate
Court-III, Kollam, are quashed.
This Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/15/04/2024
PETITIONER ANNEXURES
ANNEXURE A1 THE CERTIFIED COPY OF FIR WITH FIS IN
CRIME NO.197/2011 OF PALLITHOTTAM POLICE
STATION DATED 27.3.2011.
ANNEXURE A2 THE CERTIFIED COPY OF FINAL REPORT IN
CRIME NO.197/2011 OF PALLITHOTTAM POLICE
STATION DATED 19.5.2011.
ANNEXURE A3 THE CERTIFIED COPY OF JUDGMENT IN CC
NO.2111/2015 DATED 13.12.2018 ON THE FILE
OF JFMC-III, KOLLAM.
ANNEXURE A4 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT
DATED 27.2.2024 REGARDING SETTLEMENT.
ANNEXURE A5 THE AFFIDAVIT SWORN BY THE 4TH RESPONDENT
DATED 27.2.2024 REGARDING SETTLEMENT.
TRUE COPY
