Kerala High Court
Reny Joy @ Santhosh vs State Of Kerala on 3 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:73511
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
CRL.MC NO. 7628 OF 2024
CRIME NO.270/2019 OF Ezhukone Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.385 OF 2020 OF
ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT,KOTTARAKKARA
PETITIONERS/ACCUSED 1 TO 5:
1 RENY JOY @ SANTHOSH
AGED 42 YEARS
S/O JOY, RENY BHAVANAM, MUKKOODU P.O.,
MULAVANA, MULAVANA VILLAGE,
KOLLAM DISTRICT, PIN - 691503
2 SHYJU JOHN
AGED 46 YEARS
S/O JOHN VARGHESE, PLAVILA VEEDU,
NEDUMPAYIKULAM, EZHUKONE VILLAGE,
KOLLAM DISTRICT, PIN - 691505
3 ANU @ JABBAR
AGED 33 YEARS
S/O BABURAJAN PILLAI, PADINJATTE MURI VEEDU,
KALLUMPURAM, EZHUKONE VILLAGE,
KOLLAM DISTRICT, PIN - 691505
4 MATHAN PANICKER @ ANEESH
AGED 34 YEARS
S/O JOHN PANICKER, PAYATTUVILA PUTHEN VEEDU,
NEDUMPAYIKULAM, MUKKODU P.O., MULAVANA VILLAGE, KOLLAM
DISTRICT, PIN - 691503
5 SURESH @ PODIMON
AGED 45 YEARS
S/O SUBRAMANYAN, KILITHATTIL VADAJJATHIL VEEDU,
VETTILAKONAM,
CRL.MC NO. 7628 OF 2024 2
2024:KER:73511
EZHUKONE VILLAGE,
KOLLAM DISTRICT, PIN - 691505
BY ADV
MOHANAN M.K.
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER
EZHUKONE POLICE STATION,
KOLLAM DISTRICT, PIN - 691505
3 LIJO JOSE
AGED 34 YEARS
S/O JOSE, LIJO BHAVAN, THARAMVILA JUNCTION,
MUKKUDU, MULAVANA VILLAGE,
KOLLAM DISTRICT, PIN - 691503
BY ADV
SMT. SREEJA V (PP)
SRI.K.ANILKUMAR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 03.10.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 7628 OF 2024 3
2024:KER:73511
BECHU KURIAN THOMAS, J.
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Crl.M.C No.7628 of 2024
---------------------------------------
Dated this 3rd day of October, 2024
ORDER
Petitioners have invoked the jurisdiction under Section
528 BNSS to quash all proceedings against them.
2. Petitioners are accused 1 to 5 in S.C. No.385 of 2020
on the files of the Assistant Sessions Court, Kottarakkara
arising out of Crime No.270/2019 of Ezhukone Police Station.
Third respondent is the defacto complainant.
3. According to the prosecution, the accused had on
17.02.2019 formed themselves into an unlawful assembly and
threw a stone towards the defacto complainant and shouted to
kill him and thereafter attacked him with an iron rod inflicting
grievous injuries and thereby the accused committed the
offences under Sections 143, 147, 148, 323, 324, 326, 308 and
506(ii) r/w Section 149 of IPC.
4. Heard the learned counsel for the petitioners and
the learned counsel for the respondent, apart from the learned
Public Prosecutor.
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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 Annexure-C affidavit filed by the 3rd
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
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proceedings will only be an exercise in futility.
8. Accordingly, all proceedings against the petitioners
in S.C. No.385 of 2020 on the files of the Assistant Sessions
Court, Kottarakkara are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
MSA
2024:KER:73511
PETITIONER ANNEXURES
Annexure-A CERTIFIED COPY OF THE FIR AND FIS IN
CRIME NO. 270 / 2019 OF EZHUKONE POLICE
STATION DATED 20.02.2019
Annexure-B CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 270 / 2019 OF EZHUKONE POLICE
STATION DATED 10.05.2019
Annexure-C AFFIDAVIT OF THE 3RD RESPONDENT DATE
28.07.2024
