Kerala High Court
Jaina vs State Of Kerala on 16 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 16TH DAY OF APRIL 2024/27TH CHAITHRA, 1946
CRL.MC NO.2180 OF 2024
CRIME NO.1090/2012 OF MANNANCHERRY POLICE STATION,
ALAPPUZHA
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1467 OF 2022 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II(MOBILE), ALAPPUZHA
PETITIONERS/ACCUSED 1 TO 3:
1 JAINA, AGED 63 YEARS, D/O.JOSEPH,
VAVAKKADU VEEDU, KALAVOOR VILLAGE,
POLLETHAI (PO), ALAPUZHA DISTRICT, PIN - 688522.
2 JACKSON @ JINU, AGED 37 YEARS, S/O.JENA,
VAVAKKADU VEEDU, KALAVOOR VILLAGE,
POLLETHAI (P.O),
ALAPUZHA DISTRICT, PIN - 688522.
3 YESUDAS @ PRINCE, AGED 34 YEARS, S/O.JAMES,
VAVAKKADU VEEDU, KALAVOOR VILLAGE,
POLLETHAI (PO), ALAPUZHA DISTRICT, PIN - 688522.
BY ADVS.
ARUN BOSE
V.M.JACOB
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULUM, PIN - 682031.
2 THE STATION HOUSE OFFICER,
MANNANCHERRY POLICE STATION, MANNANCHERRY,
ALAPPUZHA DISTRICT, PIN - 688012.
3 MERCY @ MERCY JAMES, AGED 64 YEARS,
W/O.JAMES.P.JOHN, PALLIPARAMBIL VEEDU,
KALAVOOR VILLAGE, WARD NO.II,
MARARIKULAM SOUTH PANCHAYATH, POLLETHAI (PO),
ALAPUZHA DISTRICT, PIN - 688522.
Crl.M.C No.2180 of 2024
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BY ADVS.SRI.B.BIPIN
SRI.E.C.BINEESH,
LEARNED PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 16.04.2024, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C No.2180 of 2024
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O R D E R
Dated, this the 16th April, 2024
Petitioners are accused nos.1 to 3 in C.C.
No.1467/2022 of the Judicial First Class
Magistrate Court-II, Alappuzha. The offences
alleged are under Sections 447, 427, 294(b),
506(i) and 34 of the Indian Penal Code.
2. The above Crl.M.C. has been filed seeking to
quash Annexure-A1 F.I.R in Crime No.1090/2012 of
Mannancherry police station, Annexure-A2 final
report in C.C.No.1467/2022 and all further
proceedings thereto against the petitioners.
Quashment is sought for on the premise that the
issues between the accused persons and the
defacto complainant (3rd respondent herein) have
been amicably settled and that the defacto
complainant is no more interested to prosecute
the matter as against the petitioners. Annexure-
A3 affidavit has been sworn to by the 3rd
respondent/defacto complainant stating inter alia
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that she has no grievance against the petitioners
in connection with Crime No.1090/2012 and that
she has no intention to proceed with C.C.
No.1467/2022 of the Judicial First Class
Magistrate Court-II, Alapuzha, any more.
3. When this matter was moved, this Court
directed the learned Public Prosecutor to get
instructions, along with a signed statement of
the defacto complainant. The same is also filed,
wherein the Investigating Officer would report
that the defacto complainant is not willing any
more to continue the case against the
petitioners. Along with the said report,
Annexure-A1 signed statement of the defacto
complainant statement is also appended, wherein
also the above referred facts are reiterated.
4. In view of the judgments of Hon'ble Supreme
Court in B.S. Joshi & Ors v. State Of Haryana &
Anr [2003 (4) SCC 675] and Gian Singh v. State of
Punjab [(2012) 10 SCC 303], this Court finds that
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no useful purpose is to be served by continuing
the prosecution as against the petitioners,
inasmuch as the defacto complainant had
unequivocally expressed her intention to withdraw
the criminal proceedings against the petitioners.
The issues involved in this crime are purely
private in nature, without in any way impacting
the society at large.
5. In the circumstances, this Crl.M.C. is
allowed and F.I.R. in Crime No.1090/2012 of
Mannancherry police station, Annexure-A2 final
report in the said crime and all further
proceedings in C.C.No.1467/2022 of the Judicial
First Class Magistrate Court-II, Alappuzha are
hereby quashed.
Sd/-
C.JAYACHANDRAN, JUDGE
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PETITIONERS' ANNEXURES:
ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO.
1090/2012 OF THE MANNANCHERRY POLICE
STATION, ALAPUZHA DISTRICT.
ANNEXURE A2 CERTIFIED COPY OF THE FIR IN CRIME
NO.1090/2012 IN C.C.NO.1467/2022 ON
THE FILES OF THE HON'BLE JUDICIAL
FIRST CLASS MAGISTRATE COURT-II,
ALAPUZHA.
ANNEXURE A3 AFFIDAVIT SWORN BY THE 3RD
RESPONDENT/DEFACTO COMPLAINANT DATED
17.02.2024.
