Kerala High Court
Merin Mathew 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. 2547 OF 2024
CRIME NO.516/2019 OF SAKTHIKULANGARA POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1435 OF 2019 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM
PETITIONERS/ACCUSED 1 & 2:
1 MERIN MATHEW
AGED 28 YEARS
D/O VIMALA,NIRMALA MANDIRAM,KANNIMEL CHERI,
SAKTHIKULANGARA,KOLLAM, PIN - 691581
2 VIMALA MATHEW
AGED 52 YEARS
W/O MATHEW,NIRMALA MANDIRAM,KANNIMEL CHERI,
SAKTHIKULANGARA,KOLLAM, PIN - 691581
BY ADV
AJAYA KUMAR. G
RESPONDENTS/STATE/CW1 TO CW3:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 STATION HOUSE OFFICER
SAKTHIKULANGARA POLICE STATION,
SAKTHIKULANGARA,KOLAM, PIN - 691581
3 ELSY
AGED 52 YEARS
W/O PETER,CHIRAKKARA PUTHUVAL VEEDU,KANNIMEL
CHERRY,SAKTHIKULANGARA,KOLLAM, PIN - 691581
4 PETR MANUEL
AGED 62 YEARS
S/O MANUEL,CHIRAKKARA PUTHUVAL VEEDU,KANNIMEL
CHERRY,SAKTHIKULANGARA,KOLLAM, PIN - 691581
2
Crl.M.C. No.2547 of 2024
5 MABLE JOSEPH
AGED 66 YEARS
W/O JOSEPH MANUEL, MOOLAYIL
THOPPIL,MARUTHADY,KANNIMEL CHERRY,SAKTHIKULANGARA
VILLAGE,KOLLAM, PIN - 691581
BY ADVS
SRI.G. SUDHEER - PUBLIC PROSECUTOR
FATHIMA MAJEED
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.2547 of 2024
C. PRATHEEP KUMAR, J
-----------------------------------------------
Crl.M.C. No. 2547 of 2024
------------------------------------------------
Dated this the 19th day of April, 2024
ORDER
This is a petition filed under Section 482 of the Code of
Criminal Procedure, by accused Nos.1 and 2 in Crime
No.516/2019 of Sakthikulangara Police Station, Kollam, which
is pending as C.C. No.1435/2019 on the file of the Judicial
First Class Magistrate Court II, Kollam. The offences alleged
against the petitioners are punishable under Section 323
read with Section 34 of the Indian Penal Code.
2. The prosecution case is that: on 03.07.2019 at about
7.30 am, the accused persons due to the enmity towards
CW1 in connection with a dispute over a pathway, man
handled the CWs1 to 3, near their home and thereby the
accused have committed the above offences.
3. According to the petitioners, the dispute has been
settled with the defacto complainants/victims. 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/victims 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 read with Section 34 of the 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.1435/2019 on the file of the Judicial
First Class Magistrate Court-II, Kollam arising from Crime
No.516/2019 of Sakthikulangara Police Station, Kollam is
quashed.
Sd/-
C.PRATHEEP KUMAR
JUDGE
BR
PETITIONER'S ANNEXURES
AnnexureA 1 CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO: 516/2019 OF SAKTHIKULANGARA
POLICE STATION, KOLLAM DISTRICT
Annexure A2 AN AFFIDAVIT SWORN BY THE 3RD RESPONDENT
DATED 3-3-2024
Annexure A3 AN AFFIDAVIT SWORN BY THE 4TH RESPONDENT
DATED 3-3-2024
Annexure A4 AN AFFIDAVIT SWORN BY THE 5TH RESPONDENT
DATED 3-3-2024
RESPONDENT'S ANNEXURES: NIL
