Kerala High Court
Ferin ( Accused No-1) vs State Of Kerala on 17 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:76950
Crl.M.C.No.6755 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
CRL.MC NO. 6755 OF 2024
CRIME NO.1105/2019 OF PUNNAPRA POLICE STATION, ALAPPUZHA
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.679 OF 2020 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - II, ALAPPUZHA / II
ADDITIONAL MACT/ LAND ACQUISITION REHABILIEATION AND RE-SETTLEMENT
AUTHORITY, ALAPPUZHA
.....................................
PETITIONER(S)/ACCUSED 1 TO 4 :
1 FERIN ( ACCUSED NO-1)
AGED 30 YEARS
S/O SEBASTAIN,
PUTHUPPARAMBU HOUSE, WARD NO- 1,
PUNNAPPRA NORTH PANCHAYATH,
PARAVOOR VILLAGEAL
APPUZHA DISTRICT, PIN - 688 509.
2 JOSEPH (ACCUSED NO-2)
AGED 33 YEARS
S/O XAVIOR,
PANACKALPURACKAL HOUSE,WARD NO- 1,
PUNNAPPRA NORTH PANCHAYATH,
PARAVOOR VILLAGE,
ALAPPUZHA DISTRICT - 688 509.
3 XAVIOR @ KUNJUMON (ACCUSED NO-3)
AGED 65 YEARS
S/O JOSREPH,
PANACKALPURACKAL HOUSE, WARD NO- 1,
VADACKAL P O, PARAVOOR,
ALAPPUZHA DISTRICT, PIN - 688 509.
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Crl.M.C.No.6755 of 2024
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4 SANU @ SEBASTAIN (ACCUSED NO-4)
AGED 29 YEARS
S/O YESUDAS XAVIOR,
PALLICKATHAYYIL HOUSE, WARD NO- 1,
PUNNAPPRA NORTH PANCHAYATH,
PARAVOOR VILLAGE,
ALAPPUZHA DISTRICT, PIN - 688 509.
BY ADV K.C.SUDHEER
RESPONDENT/STATE AND DE FACTO COMPLAINANT (CW1, CW2 & CW3) :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 ANU @ IGNATIOUS(CW1)
AGED 35 YEARS
S/O SEBASTAIN, THAYYIL HOUSE, VADACKAL,
WEST OF CO-OPERATIVE HOSPITAL PARAVOOR,
PARAVOOR VILLAGE, PUNAPRA,
ALAPPUZHA DISTRICT, PIN - 688 509.
3 WILSON (CW2)
S/O SEBASTAIN,
THAYYIL HOUSE, VADACKAL,
WEST OF CO- OPERATIVE HOSPITAL PARAVOOR,
PARAVOOR VILLAGE, PUNAPRA,
ALAPPUZHA DISTRICT, PIN - 688 509.
4 SEBASTAIN (CW3)
AGED 64 YEARS
S/O PATHROSE, THAYYIL HOUSE,
VADACKAL WEST OF CO- OPERATIVE HOSPITAL PARAVOOR,
PARAVOOR VILLAGE, PUNAPRA,
ALAPPUZHA DISTRICT, PIN - 688 509.
BY ADV ARAVIND GHOSH
SRI.NOUSHAD K.A., PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.M.C.No.6755 of 2024
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BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.6755 of 2024
...................................................
Dated this the 17th day of October, 2024
ORDER
Petitioners are accused Nos.1 to 4 in S.C.No.679/2020 on the files of the
Additional District and Sessions Court-II, Alappuzha, which arose out of
Crime No.1105/2019 of Punnappra Police Station, registered for the
offences punishable under Sections 447, 294(b), 324, 307, 323, and
506(ii) r/w Section 34 of the Indian Penal Code, 1860, apart from
Section 27 of the Indian Arms Act, 1969.
2. According to the prosecution, the accused had on 25.09.2019 assaulted
the de facto complainant and two other persons with sword sticks and
iron rods, inflicting serious injuries, and attempted to commit murder,
thereby committing the offences alleged.
3. The learned counsel for the petitioners submitted that the accused and
the de facto complainant have settled the matter between themselves and
since they are neighbours, the proceedings ought to be quashed. It was
further submitted that the first accused has been included in the rank list
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of the Kerala Public Service Commission for a post in the Police
Department; and hence the continuance of the proceedings will cause
serious prejudice.
4. Sri.Noushad K.A., the learned Public Prosecutor, on the other hand,
submitted that the nature of injuries inflicted and the weapons used by
the petitioners clearly indicate that there was an attempt to murder, and
when such heinous offences are made out of the allegations, the
proceedings ought not be quashed.
5. In Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303], the
Supreme Court has observed that though the criminal cases, including
non-compoundable ones, can be quashed on the basis of a settlement
arrived at between the parties, in respect of heinous offences, which
includes offences under Section 307 of IPC, the settlement cannot be
relied upon to quash the proceedings. However, if the uncontroverted
allegations in the final report would not make out the offence under
Section 307 IPC, the court can exercise the inherent powers to quash the
proceedings.
6. Petitioners are alleged to have assaulted the de facto complainant and
two other persons with sword sticks and iron rods, inflicting serious
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injuries on their heads. The offence under Section 307 IPC is prima
facie made out from the allegations. Therefore, this is not a fit case for
exercising the inherent powers to quash the proceedings. Apart from the
above, the affidavit of CW2 has also not been produced.
7. Having regard to the aforesaid circumstances, I am of the view that this
is not a fit case to quash the proceedings. Hence, this petition is
dismissed.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/17/10/2024
2024:KER:76950
PETITIONER ANNEXURES
ANNEXURE A1 THE COPY OF THE FIR AND FIS IN CRIME NO.
1105/2019 OF PUNNAPPRA POLICE STATION DATED
25/9/2019.
ANNEXURE A2 THE COPY OF THE CHARGE SHEET/FINAL REPORT IN
CRIME NO 1105/2019 OF PUNNAPRA POLICE STATION
DATED 10/1/2020.
ANNEXURE A3 THE AFFIDAVIT OF THE CW1 DATED 28/7/2024
ANNEXURE A4 THE AFFIDAVIT OF THE CW3 DATED 28/7/2024
