Kerala High Court
Sethu vs State Of Kerala on 6 February, 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
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
CRL.MC NO. 172 OF 2024
CRIME NO.941/2023 OF Parippally Police Station, Kollam
AGAINST THE ORDER/JUDGMENT CP 46/2023 OF JUDICIAL MAGISTRATE OF
FIRST CLASS , PARAVOOR
PETITIONERS:
1 SETHU
AGED 37 YEARS
S/O APPUKUTTAN, LEKHA MANDIRAM HOUSE, VIRINJAMCHERY,
KALLUVATHUKKAL VILLAGE, KOLLAM., PIN - 691578
2 SUJITH
AGED 29 YEARS
S/O SUDHAKARAN, SURYA BHAVAN HOUSE, VIRINJAMCHERY,
KALLUVATHUKKAL VILLAGE, KOLLAM., PIN - 691578
BY ADVS.
M.R.SASITH
NEELANJANA NAIR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 STATION HOUSE OFFICER
POLICE STATION, PARIPPALLY, KOLLAM., PIN - 691574
3 ARUNAN
S/O SATHEESAN, ARUNALAYAM, ADUTHALA,
NADAKKAL,KALLUVATHUKKAL VILLAGE, KOLLAM TALUK, KOLLAM.,
PIN - 691579
BY ADV REJINA R.THAJ
OTHER PRESENT:
SRI. M.C. ASHI (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 172 OF 2024
2
BECHU KURIAN THOMAS, J.
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Crl.M.C. No. 172 of 2024
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Dated this the 6th day of February, 2024
ORDER
Petitioners are accused in C.P.No.46/2023 on the files
of the Judicial First Class Magistrate's Court, Paravoor
arising out of Crime No.941/2023 of Parippally Police
Station, Kollam.
2. The prosecution alleged that the accused had, on
20-07-2023, in furtherance of their common intention to
cause grievous injury to the defacto complainant forcefully
pulled him down and assaulted him for refusing to yield to
the demands of the accused and thereby committed the
offences under Section 143, 147, 341, 323 and 308 r/w
Section 149 of the Indian Penal Code, 1860.
3. Sri. Sasith M.R., the learned counsel for the
petitioner, submitted that case against accused 4 and 5 has
already been quashed by this Court on the basis of the
settlement arrived at between the parties as per judgment
dated 05-01-2024 in Crl.M.C No.10343/2023, and therefore
CRL.MC NO. 172 OF 2024
nothing survives against the petitioners as well the learned
counsel for the petitioners also 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.
4. The learned Public Prosecutor however, pointed out
that petitioners are involved in serious offences and that
their criminal antecedents are several and they have
involved in serious other crimes. Both petitioners are
pointed out as involved in a murder case as Crime
No.248/2015, apart from the first petitioner involved in four
other cases, as Crime No.535/2021 before the Chathannoor
Police Station, Crime No.181/2011, Crime No.682/2013
and Crime No.267/2021 all before the Parippally Police
station for offences including those under the Arms Act as
well.
5. Since petitioners are involved in very serious
crimes, the settlement now put forth in this case cannot be
acted upon. Though the case against the remaining
accused has been quashed, on the basis of settlement, the
CRL.MC NO. 172 OF 2024
same by itself is not sufficient to extend such a benefit to
the petitioners considering the nature of their criminal
antecedents. It is in public interest that cases of persons
with such serious criminal antecedents are not quashed on
the basis of settlement. Therefore, I decline to exercise of
the jurisdiction under Section 482 Cr.P.C, to quash the
criminal case. Hence, this Crl.M.C is dismissed.
BECHU KURIAN THOMAS
JUDGE
AJM
CRL.MC NO. 172 OF 2024
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF FIR IN CRIME
NO.941/2023 OF PARIPPALLY POLICE
STATION, KOLLAM
Annexure A2 TRUE COPY OF THE FINAL REPORT
BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE II, PARAVOOR
Annexure A3 THE AFFIDAVIT SWORN BY THE 3RD
RESPONDENT
TRUE COPY
