Kerala High Court
Vijith vs State Of Kerala on 23 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
CRL.MC NO. 959 OF 2024
CRIME NO.502/2019 OF Anthikad Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT SC 196/2020 OF ASSISTANT SESSIONS
COURT/I ADDITIONAL SUB COURT, THRISSUR
PETITIONER
VIJITH
AGED 37 YEARS
S/O.VIVEKANANDAN, VALAPARAMBIL HOUSE, ANTHIKKAD.P.O.,
THRISSUR DISTRICT, PIN - 680641
BY ADVS.
K.R.ARUN KRISHNAN
DEEPA K.RADHAKRISHNAN
JISSMON A KURIAKOSE
SANAL C.S
RESPONDENT
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 JAYAN
AGED 74 YEARS
S/O.KUTTAN, ANTHIKKAD HOUSE, NADUMURI, PARAKKAD
VILLAGE, THRISSUR DISTRICT, PIN-680620, PIN - 680620
3 SMRITHI
AGED 29 YEARS
W/O.VIJITH, VALAPARAMBIL HOUSE, ANTHIKKAD.P.O.,
THRISSUR DISTRICT, PIN - 680641
OTHER PRESENT:
SR.PP-SRI.RENJIT GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.959 of 2024
2
ORDER
This Crl.M.C., under Section 482 of Cr.P.C., is filed by the
accused in Crime No.502 of 2019 of Anthikkad Police Station,
Thrissur, registered under Sections 432, 323, 294(b), 506(ii), 308
and 427 of IPC, for quashing Annexure A2 final report in
S.C.No.196 of 2020 on the file of 1 st Additional Assistant Sessions
Court, Thrissur.
2. The prosecution allegation is that the petitioner and
the 3rd respondent, who are husband and wife are living
separately. Due to the enmity towards the 3 rd respondent and her
father-the 2nd respondent, the petitioner trespassed into the
house of the 2nd respondent, abused and assaulted them and
attempted to do away with them with a chopper.
3. When the matter is taken up for consideration,
learned counsel for the petitioner submitted that the matter
stands settled between himself and respondents 2 and 3.
Respondents 2 and 3 entered appearance through counsel, and
submitted that the matter stands settled. Annexures A3 and A4
are the affidavits filed by them, endorsing the settlement. Neither
they have any intention to proceed with the prosecution nor any
objection in quashing Annexure A2 final report in S.C.No.196 of
4. On instructions, learned Public Prosecutor submitted
that the matter is settled and he produced signed statements of
respondents 2 and 3. In those statements also, they have stated
that they are not intending to proceed with the prosecution, and
they have no objection in quashing Annexure A2 final report in
S.C.No.196 of 2020.
5. Since the matter stands settled, no purpose would
be served by continuing the prosecution against the petitioners.
6. In the light of the principles laid down by the Apex
Court in Gian Singh v. State of Punjab and Another; [(2012)
10 SCC 303)], and State of Madhya Pradesh v. Laxmi
Narayan and Others; [(2019) 5 SCC 688], this Court is of the
view that the proceedings against the petitioners can be
quashed on the basis of settlement.
In the result, this Crl.MC is allowed, and Annexure A2 final
report in S.C.No.196 of 2020 on the file of 1st Additional Sub
Court, Thrissur., stands quashed.
Sd/-
SOPHY THOMAS
JUDGE
smm
PETITIONER ANNEXURES
Annexure1 CERTIFIED COPY OF THE FIR IN CRIME
NUMBER 502/2019 DATED 16/08/2019 OF
ANTHIKKAD POLICE STATION
Annexure-A2 CERTIFIED COPY OF THE FINAL REPORT
NO.592/2019 DATED 31.08.2019 FILED
BEFORE THE HON'BLE JUDICIAL FIRST
CLASS MAGISTRATE COURT NO.II, THRISSUR
Annexure-A3 A TRUE COPY OF THE AFFIDAVIT DATED
23.12.2023 SIGNED BY THE 2ND
RESPONDENT
Annexure-A4 A TRUE COPY OF THE AFFIDAVIT DATED
22.12.2023 SIGNED BY THE 3RD
RESPONDENT
