Kerala High Court
Sojan Thomas vs State Of Kerala on 19 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
CRL.MC NO. 3189 OF 2024
CRIME NO.100/2022 OF KALADY POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.157 OF 2022 OF
JUDICIAL MAGISTRATE OF FIRST CLASS - IV, PERUMBAVOOR
PETITIONERS/ACCUSED 1 TO 4:
1 SOJAN THOMAS
AGED 41 YEARS
S/O. THOMAS,KANNOTHU HOUSE,MALAYATTOOR,MALAYATTOOR
P.O., ERNAKULAM, KERALA, PIN - 683587
2 BABU P PAULOSE
AGED 40 YEARS
S/O. PAULOSE, PADAYATTIL HOUSE, MALAYATTOOR,
MALAYATTOOR P.O, ERNAKULAM,KERALA, PIN - 683587
3 SHINTO JOSE
AGED 38 YEARS
S/O. JOSE,PADAYATTIL HOUSE,MALAYATTOOR,
MALAYATTOOR P.O, ERNAKULAM,KERALA, PIN - 683587
4 SANJO
AGED 45 YEARS
S/O. THOMAS,KANNOTHU HOUSE,MALAYATTOOR,
MALAYATTOOR P.O, ERNAKULAM,KERALA, PIN - 683587
BY ADVS.
SRAVAN M.S.
SRIKANTH THAMBAN
RESPONDENTS/STATE & DE-FACTO COMPLAINANTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 ASHIK
S/O. SHIBU, MANALPARAMBIL
VEETTIL,MALAYATTOOR,MALAYATTOOR P.O,
ERNAKULAM,KERALA, PIN - 683587
2
Crl.M.C. No.3189 of 2024
3 SHIBU
AGED 53 YEARS
S/O. BHASKARAN, MANALPARAMBIL VEETTIL,
MALAYATTOOR, MALAYATTOOR P.O, ERNAKULAM,KERALA,
PIN - 683587
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 19.04.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
3
Crl.M.C. No.3189 of 2024
C. PRATHEEP KUMAR, J
-----------------------------------------------
Crl.M.C. No. 3189 of 2024
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Dated this the 19th day of April, 2024
ORDER
This is a petition filed under Section 482 of the Code of
Criminal Procedure, by the accused Nos.1 to 4 in Crime
No.100/2022 of Kalady Police Station, Ernakulam, which is
pending as C.C. No.157/2022 on the file of the Judicial First
Class Magistrate Court-IV, Perumbavoor. The offences alleged
against the petitioners are punishable under Sections 323,
324 and 427 read with Section 34 of Indian Penal Code, 1860.
2. The prosecution case is that, on 30.01.2022 at about
9.30 p.m. at Madurima Junction, the accused persons due to
their vengeance against the defacto complainant as he
questioned them from drinking liquor infront of his compound
wall, voluntarily caused hurt to him and his father using a key
chain.
3. According to the petitioners, the dispute has been
settled with the defacto complainants/respondent Nos.2 & 3.
All of them agreed to drop all further proceedings relating to
the above dispute. Therefore, they prayed for quashing all
further proceedings in Annexure A1.
4. The defacto complainants/respondents Nos.2 and 3
filed affidavits endorsing the averments in the Crl.M.C.
According to them, the case has been amicably settled and
that they do not intend to proceed with the case and also
that further proceedings in the case can be quashed. They
have no further grievance against the petitioners.
5. Learned Public Prosecutor also stated that the
dispute has been settled between the parties and hence
further proceedings in the case can be quashed.
6. Considering the fact that the offences under Sections
323, 324 and 427 read with Section 34 of Indian Penal Code
involved in this case are not heinous and very serious in
nature, and the dispute has been settled between the
petitioners and defacto complainants, this is a fit case in
which further proceedings can be quashed.
In the result, this Crl.M.C is allowed. All further
proceedings in C.C. No.157/2022 on the file of the Judicial
First Class Magistrate Court-IV, Perumbavoor arising from
Crime No.100/2022 of Kalady Police Station, Ernakulam is
quashed.
Sd/-
C.PRATHEEP KUMAR
JUDGE
BR
PETITIONER'S ANNEXURES
Annexure A1 THE TRUE COPY OF THE FINAL REPORT IN C.C
NO 157/2022 ON THE FILES OF HON'BLE
JUDICIAL FIRST CLASS MAGISTRATE COURT-
IV, PERUMBAVOOR DATED 20.03.2022
Annexure A2 THE TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO.100/2022 OF KALADY
POLICE STATION, ERNAKULAM DISTRICT DATED
31.01.2022
Annexure A3 TRUE COPY OF THE AFFIDAVIT SWORN BY THE
SECOND RESPONDENT STATING THE SETTLEMENT
OF ALL THE DISPUTES DATED 03.03.2024
Annexure A4 TRUE COPY OF THE AFFIDAVIT SWORN BY THE
THIRD RESPONDENT STATING THE SETTLEMENT
OF ALL THE DISPUTES DATED 03.03.2024
RESPONDENT'S ANNEXURES: NIL
