Kerala High Court
M.V. Pathrose vs State Of Kerala on 27 March, 2024
Author: V. G. Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA,
1946
CRL.MC NO. 10953 OF 2023
CRIME NO.514/2021 OF Anthikad Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1056 OF 2021
OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,THRISSUR
PETITIONER/ACCUSED:
1 M.V. PATHROSE, AGED 71 YEARS, S/O. POULO
VARGHESE MOOLAMMUZHA HOUSE MAVELIPURAM
VILLAGE, ERNAKULAM DISTRICT, PIN - 682030
2 SHIRLY PATHROSE, AGED 62 YEARS, W/O. M.V.
PATHROSE MOOLAMMUZHA HOUSE MAVELIPURAM
VILLAGE, ERNAKULAM DISTRICT, PIN - 682030
3 TOMJIT PATHROSE, AGED 29 YEARS, S/O. M.V.
PATHROSE MOOLAMMUZHA HOUSE MAVELIPURAM
VILLAGE, ERNAKULAM DISTRICT, PIN - 682030
BY ADVS.
M.S.UNNIKRISHNAN
ALEENA MARIA JOSE
M.ARDRA KRISHNAN
FIDA P.
DIYA MERIN BIJU
RESPONDENTS/RESPONDENTS/STATE:
1 STATE OF KERALA, REPRESENTED BY PUBLIC
PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER, ANTHIKKAD POLICE
STATION THRISSUR,, PIN - 680641
Crl.M.C.No.10953/2023 2
3 DAVID ANTONY , AGED 41 YEARS
S/O. ANTONY. C.D. CHOWALLOOR VEEDU VADAKKE
KARAMUKKU DESOM MANALLOOR VILLAGE, THRISSUR TALUK
THRISSUR DISTRICT, PIN - 680661
SRI VIPIN NARAYAN, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.10953/2023 3
V. G. ARUN J.
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Crl.M.C.No.10953 of 2023
--------------------------------
Dated this the 27th day of March, 2024
ORDER
Petitioners are the accused in Crime No.514/2021 registered
at the Anthikkad Police Station for offences punishable under
Sections 294(b), 448 and 506 r/w 34 of the Indian Penal Code,
now pending as C.C.No.1056/2021 on the files of the Judicial First
Class Magistrate Court-II, Thrissur. The de facto complainant,
arrayed as the 3rd respondent has filed an affidavit, stating that the
dispute, which had compelled him to file the complaint, leading to
registration of the crime, has been settled amicably and he has no
subsisting grievance against the petitioners.
2. The learned Public Prosecutor, on instructions, submits
that the petitioners have no criminal antecedents.
3. Having considered the gravity of the offences alleged,
nature of the injury caused and having perused the affidavit, the
contents of which are vouched to be true and voluntary by the
learned Counsel for the defacto complainant/3rd respondent, I am
satisfied that, no public interest is involved in this matter and the
dispute has been settled amicably. Moreover, in view of the
settlement arrived at between the parties, there is no possibility of
the criminal proceedings ending in conviction. As such,
continuance of the proceedings will amount to an abuse of process
of court and hence, in view of the legal position set out by the
Honourable Supreme Court in Madan Mohan Abbot v State of
Punjab [(2008) 4 SCC 582] and Gian Singh v State of
Punjab and Another [(2012) 10 SCC 303], there is no
impediment in granting the relief.
In the result, this Crl.M.C is allowed. Annexure B Final
Report and all proceedings in C.C.No.1056 of 2021 on the files of
the Judicial First Class Magistrate Court-II, Thrissur, as against
the petitioners, are quashed.
Sd/-
V. G. ARUN
JUDGE
Sbna/
APPENDIX OF CRL.MC 10953/2023
PETITIONER ANNEXURES
Annexure A CERTIFIED COPY OF THE F.I.R IN CRIME NO.
514 OF 2021 ON FILES OF JUDICIAL FIRST
CLASS MAGISTRATE COURT -II, THRISSUR,
Annexure B A CERTIFIED COPY OF THE CHARGE IN C.C.
NO. 1056 OF 2021 ON FILE OF JUDICIAL
FIRST CLASS MAGISTRATE COURT -I1,
THRISSUR
Annexure C A COPY OF COMPROMISE IN G.O.P. NO. 1654
OF 2021 DATED 30.11.2023
Annexure D A TRUE COPY OF THE AFFIDAVIT DATED
30.11.2023 BY THE 3RD RESPONDENT/DE-
FACTO-COMPLAINANT
