Kerala High Court
E.M.Scaria vs State Of Kerala on 21 June, 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
FRIDAY, THE 21ST DAY OF JUNE 2024 / 31ST JYAISHTA, 1946
CRL.MC NO. 267 OF 2024
CRIME NO.169/2022 OF Ernakulam South Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.605 OF 2022 OF
ADDITIONAL CHIEF JUDICIAL MAGISTRATE (E&O),ERNAKULAM
PETITIONERS/ACCUSED NOS. 1,2:
1 E.M.SCARIA
AGED 76 YEARS
S/O LATE MATHEW,
EDATHAMARA HOUSE,
NOBERT PAVANA ROAD,
THEVARA P.O.,
PERUMANOOR KARA,
ERNAKULAM VILLAGE,
KANAYANNUR TALUK,
ERNAKULAM DISTRICT,
PIN - 682015.
2 SURAJ
AGED 40 YEARS
S/O E.M.SCARIA,
EDATHAMARA HOUSE,
NOBERT PAVANA ROAD,
THEVARA P.O.,
PERUMANOOR KARA
ERNAKULAM VILLAGE,
KANAYANNUR TALUK,
ERNAKULAM DISTRICT - 682015.
BY ADVS.
VARGHESE C.KURIAKOSE
AMRITHA.J
KURUVILLA MATHEW
VIPIN C. VARGHESE
RESPONDENTS/STATE/INVESTIGATING OFFICER & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, KOCHI,
PIN - 682031.
2 STATION HOUSE OFFICER
Crl.M.C. No.267 of 2024
2
ERNAKULAM TOWN SOUTH POLICE STATION,
ERNAKULAM, KOCHI - 682013.
3 JOSEPH
AGED 67 YEARS,
S/O JOSEPH,
EDATHEL HOUSE,
SMARTO ROAD,
KADAVANTHRA KARA,
ELAMKULAM VILLAGE,
KANAYANNUR TALUK,
ERNAKULAM DISTRICT - 682020.
BY ADV MANU ROY - R3
SRI. T.R RENJITH - PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 21.06.2024, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C. No.267 of 2024
3
BECHU KURIAN THOMAS, J.
====================
Crl.M.C. No.267 of 2024
=====================
Dated this the 21st day of June, 2024
ORDER
Petitioners have invoked the jurisdiction under Section
482 of Code of Criminal Procedure, 1973 to quash all
proceedings against them.
2. Petitioners are the accused in C.C No.506/2023 on
the files of the Additional Chief Judicial Magistrate (E&O),
Ernakulam arising out of Crime No.169/2022 of Ernakulam
Town Police Station, registered for the offences under
Sections 188, 447 and 427 read with Section 34 of the Indian
Penal Code, 1860. Third respondent is the defacto
complainant.
3. According to the prosecution, the accused had in
violation of an order of the Munsiff Court, Ernakulam in
O.S.No. 112/2022 trespassed into a building, owned by the
Cowards club and committed mischief of an amount of
Rs.3,00,000/- and thereby committed the offences alleged.
4. Heard the learned counsel for the petitioners and the
learned counsel for the respondent, apart from the learned
Public Prosecutor.
5. The learned counsel for the petitioners 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.
6. In Gian Singh v. State of Punjab and Another
[(2012) 10 SCC 303], the Apex Court has held that in
appropriate cases, the High Court can take note of the
amicable resolution of disputes between the victim and the
wrongdoer to put an end to the criminal proceedings. This
view was reiterated in Narinder Singh and Others v. State
of Punjab and Another [(2014) 6 SCC 466] and Yogendra
Yadav and Others v. State of Jharkhand and Another
[(2014) 9 SCC 653].
7. I have perused the Annexure-A1 mediation report
and Annexure A4 dated 12-04-2024 affidavit filed by the
third respondent. The learned Public Prosecutor has
submitted that upon verification, it is understood that the
affidavit is genuine, and the defacto complainant stands by
the contents thereof. I am satisfied that the matter has been
settled and no public interest is involved in this case. There
is no impediment for granting the prayer for quashing. The
continuance of the proceedings will only be an exercise in
futility.
8. Accordingly, all proceedings against the petitioners
in C.C No.506/2023 on the files of the Additional Chief
Judicial Magistrate (E&O), Ernakulam are quashed.
Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJM
PETITIONER ANNEXURES
Annexure A1 TRUE PHOTOSTAT COPY OF THE STATEMENT DATED
08.02.2022 SUBMITTED BY THE 3RD RESPONDENT
BEFORE THE 2ND RESPONDENT.
Annexure A2 CERTIFIED COPY OF THE FIR IN CRIME
NO.NO.169/2022 ON THE FILES OF ERNAKULAM
TOWN SOUTH POLICE STATION DATED 08.02.2022.
Annexure A3 CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO.169/2022 ON THE FILES OF ERNAKULAM TOWN
SOUTH POLICE STATION DATED 30.12.2022.
Annexure A1 True photostat copy of the meditation report
dated 24.03.2024.
