Kerala High Court
Sudheesh vs State Of Kerala on 5 June, 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
THURSDAY, THE 5TH DAY OF JUNE 2025 / 15TH JYAISHTA, 1947
CRL.MC NO. 2933 OF 2025
CRIME NO.1050/2015 OF Mulanthuruthy Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN APPEAL NO NO.71 OF
2023 OF ADDITIONAL DISTRICT & SESSIONS COURT,MUVATTUPUZHA
ARISING OUT OF THE ORDER/JUDGMENT DATED 30.01.2023 IN CC NO.532
OF 2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PIRAVOM
PETITIONER/S:
1 SUDHEESH
AGED 44 YEARS
S/O. SUKUMARAN, PONGUMKALAYIL HOUSE, THOTTARA KARA,
KULAYITTIKKARA VILLAGE. ERNAKULAM DISTRICT, PIN -
682315
2 GOMATHY
AGED 74 YEARS
W/O. SUKUMARAN, PONGUMAKALAYIL HOUSE, THOTTARA KARA,
KULIYITTIKKARA VILLAGE. ERNAKULAM DISTRICT, PIN -
682315
3 SUKUMARAN
AGED 79 YEARS
S/O. KANNAN, PONGUMKALAYIL HOUSE, THOTTARA KARA,
KULAYITTIKKARA VILLAGE. ERNAKULAM DISTRICT, PIN -
682315
4 REMYA
AGED 38 YEARS
W/O. SUDHEESH, PONGUMKALAYIL HOUSE, THOTTARA KARA,
KULAYITTIKKARA VILLAGE. ERNAKULAM DISTRICT, PIN -
682315
BY ADVS.
SRI.BIJU .C. ABRAHAM
SHRI.THOMAS C.ABRAHAM
SHRI.BASIL MATHEW
2025:KER:39818
Crl.M.C 2933/2025 2
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 JOBY JOHN
AGED 45 YEARS
S/O. LATE JOHN, GRACE VILLA, THOTTARA KARA,
KULAYITTIKKARA VILLAGE. ERNAKULAM DISTRICT, PIN -
682315
3 ALIAMMA JOHN
AGED 75 YEARS
W/O. LATE JOHN, GRACE VILLA, THOTTARA KARA,
KULAYITTIKKARA VILLAGE. ERNAKULAM DISTRICT, PIN -
682315
4 SUJA
AGED 40 YEARS
W/O. JOBY JOHN, GRACE VILLA, THOTTARA KARA,
KULAYITTIKKARA VILLAGE. ERNAKULAM DISTRICT, PIN -
682315
BY ADV SRI.P.P.RAJESH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.06.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.M.C 2933/2025 3
ORDER
The petitioners are the appellants in Criminal Appeal No.71/2023 on the
files of Additional District and Sessions Court, Muvattupuzha. They were
convicted by the Judicial First Class Magistrate Court, Piravom, as per
judgement dated 30.01.2023 in CC No.532/2016 for the commission of
offences under Sections 283, 323, 324, 452, 294(b), 506(ii) and 427 IPC read
with Section 34 IPC. The offences were in respect of the alleged criminal
trespass, physical assault and mischief committed upon PW1 to PW3.
2. In the present petition, the petitioners seek to quash the
conviction and sentence awarded by the learned Magistrate, stating the reason
that the issue has been amicably settled with the aggrieved persons. It is
further stated that a counter case registered in connection with the same
incident is also settled pursuant to the compromise between the parties.
3. Heard the learned counsel for the petitioners, the learned counsel
for the de facto complainant and the learned public prosecutor, representing
the State of Kerala.
4. The learned counsel for the de facto complainant submitted that
all issues between the parties, which resulted in Crime No.1053/2015, which is
the subject matter of SC No.701/2019 and Crime No.1050/2015 of
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Mulanthuruthy Police Station, which is the subject matter of Criminal Appeal
71/2023, have been amicably settled between the parties, and hence there is
absolutely no need to continue the proceedings in those cases. The aggrieved
persons have filed affidavits to the effect that they are not having any
subsisting grievance, and that it is highly necessary to quash the conviction
and sentence awarded by the trial court since the matter has been amicably
settled with the petitioners.
5. The learned public prosecutor, upon instructions, submitted that
the aggrieved persons have given statements to the investigating officer also
upon same terms as that of the affidavits filed before this court.
6. In Crl.MC 4358/2025, which relates to the counter case registered
in connection with the alleged assault perpetrated upon the petitioners herein,
affidavit has been filed by the second petitioner herein to the effect that the
issue has been amicably settled, and hence the proceedings in SC
No.701/2019 on the files of the Special Court for SC/ST(POA) Act, 1989,
Ernakulam, are to be quashed. On the basis of the aforesaid affidavit, and also
upon consideration of the submissions of the parties, the said case pending
before the Special Court has been quashed by a separate order of this Court.
As the issues between the parties have been amicably settled, and they are
not having any subsisting grievance, there is absolutely no need to enforce the
2025:KER:39818
conviction and sentence awarded against the petitioners by the learned
Magistrate in CC No.532/2016. As rightly pointed out by the petitioners, there
is no legal embargo in quashing the proceedings, even after conviction by the
Trial Court when the matter is pending at the appellate or revisional stage.
The legal position in this regard has been laid down by this Court in Soban v.
State of Kerala [2021(3)KHC 383].
7. Having regard to the fact that the issues involved are purely
private in nature, and that the parties have amicably settled the disputes
between them, I am of the view that the quashment of the conviction and
sentence awarded by the Trial Court is highly necessary to meet the ends of
justice.
In the result, the petition stands allowed. The conviction and sentence
awarded by the Judicial First Class Magistrate Court, Piravom, upon the
petitioners herein, as per judgment dated 30.01.2023 in CC No.532/2016, are
hereby quashed. The Appellate Court shall take note of this order and close
the appeal against the aforesaid judgment of the learned Magistrate.
Sd/-
G.GIRISH
JUDGE
IAP
2025:KER:39818
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE CHARGE SHEET IN CRIME NO.
1050/2015 OF MULANTHURUTHY POLICE STATION
DATED 24/01/2016
Annexure 2 THE ORIGINAL COPY OF THE AFFIDAVIT DATED
12/03/2025 SWORN BY THE 2ND RESPONDENT
Annexure 3 THE ORIGINAL COPY OF THE AFFIDAVIT DATED
12/03/2025 SWORN BY THE 3RD RESPONDENT
Annexure 4 THE ORIGINAL COPY OF THE AFFIDAVIT DATED
12/03/2025 SWORN BY THE 4TH RESPONDENT
Annexure 5 TRUE COPY OF THE JUDGMENT DATED 30/1/2023 IN
C.C. NO. 532/2016 ON THE FILES OF THE
JUDICIAL FIRST CLASS MAGISTRATE COURT,
PIRAVOM
