Kerala High Court
Arun Mathew vs State Of Kerala on 9 May, 2025
2025:KER:33673
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
FRIDAY, THE 9TH DAY OF MAY 2025 / 19TH VAISAKHA, 1947
CRL.MC NO. 3864 OF 2025
CRIME NO.579/2022 OF KOIPURAM POLICE STATION,
PATHANAMTHITTA
AGAINST THE ORDER/JUDGMENT IN CC NO.334 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II, PATHANAMTHITTA
PETITIONER/ACCUSED NO.5:
ARUN MATHEW
AGED 36 YEARS, S/O.MONI MATHEW,
KIZHAKEPANAM THOTTATHIL, KANJETTUKARA.P.O,
KURIYANNOOR,THOTTAPPUZHASERY,PATHANAMTHITTA,
PIN - 689611.
BY ADVS.
T.K.BIJU (MANJINIKARA)
KURIEN BIJU
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM,
PIN - 682031.
2025:KER:33673
Crl.M.C.No.3864 of 2025
:2:
2 SUB INSPECTOR OF POLICE
[CRIME NO. 579/2022], KOIPURAM POLICE STATION,
PATHANAMTHITTA DISTRICT, PIN - 689699.
3 ARUN SASI
S/O.SASIDHARAN, AGED 30 YEARS,
CHARIVUKALAYIL VEEDU,THADIYOOR
KOLABHAGAM MURI,KOLABHAGAM P.O,
THOTTAPUZHASSERY VILLAGE, THIRUVALLA TALUK
,PATHANAMTHITTA, PIN - 689545.
BY ADVS.
SMT. MAYA M N, PUBLIC PROSECUTOR
SMT.ANNIE M.ABRAHAM
SMT.SWATHA SOMAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 09.05.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
2025:KER:33673
Crl.M.C.No.3864 of 2025
:3:
ORDER
Dated this the 9th day of May, 2025
The petitioner has approached this Court to quash
Annexure-A2 Final Report and all further proceedings in Crime
No.579 of 2022 of Koipuram Police Station on the ground of
settlement arrived at between the parties.
2. The petitioner is the accused and the offences
alleged against the petitioner are punishable under Sections
143, 147, 149, 341, 294(b), 323, 506(I) of BNS. The 3 rd
respondent is the defacto complainant. Annexure-A3 is the
affidavit sworn in by him.
3. Heard Sri. T.K.Biju, the learned Counsel
appearing for the petitioner, Smt. Annie M. Abraham appearing
on behalf of the 3rd respondent and the learned Public
Prosecutor appearing for respondents 1 and 2.
2025:KER:33673
4. The averments in the Crl.M.C. and the affidavit
sworn in by the 3rd respondent would show that the entire
disputes between the parties have been settled. The learned
Public Prosecutor, on instructions, submitted that a statement of
the defacto complainant was also received wherein he reported
that the matter has been amicably settled.
5. In view of the dictum laid down by the Hon'ble
Supreme Court in Gian Singh v. State of Punjab [(2012) 10
SCC 303] and State of Madhya Pradesh v. Laxmi Narayan
[(2019) 5 SCC 688], I am of the opinion that the proceedings
against the petitioner can be quashed taking note of the
settlement arrived at between the victim and the offender. No
purpose would be served by continuing with the proceedings
against the petitioner.
Crl. M.C. is allowed and Annexure-A2 Final Report as
against the petitioner is quashed. No further proceedings in
2025:KER:33673
C.C.No.334 of 2023 on the file of the Judicial First Class
Magistrate Court-II, Pathanamthitta, arising of Crime No.579 of
2022 of Koipuram Police Station as against the petitioner is
warranted.
Sd/-
SYAM KUMAR V.M.
JUDGE
ams
2025:KER:33673
PETITIONER'S ANNEXURES
Annexure A1 TRUE COPY OF THE FIR IN CRIME
NO.579/2022 KOIPURM POLICE STATION,
PATHANAMTHITTA DISTRICT DATED
18/06/2022
Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN
CRIME.NO.579/2022 KOIPURM POLICE
STATION, PATHANAMTHITTA DISTRICT, DATED
12/12/2022
Annexure A3 NOTARIZED AFFIDAVIT OF THE 3RD
RESPONDENT DATED 07/04/2025
