Kerala High Court
Stephin K.Jose vs State Of Kerala on 23 September, 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
TUESDAY, THE 23RD DAY OF SEPTEMBER 2025 / 1ST ASWINA, 1947
CRL.MC NO. 7156 OF 2025
CRIME NO.375/2024 OF Chingavanam Police Station, Kottayam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1783 OF 2024 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,CHANGANACHERRY
PETITIONERS/ACCUSED:
1 STEPHIN K.JOSE
AGED 29 YEARS
S/O.JOSE K.MATHEW, KATHALIKKAD HOUSE, NEAR CHOZHIKKAD
TEMPLE, PANACHIKKAD VILLAGE, CHANNAKKAD P.O., KOTTAYAM
DISTRICT., PIN - 689581
2 DELVIN JOSE
AGED 27 YEARS
S/OP.K.JOSE, PAVAKALAM HOUSE, PANACHIKKAD VILLAGE,
KUZHIMATTAM P.O., KOTTAYAM DISTRICT., PIN - 689581
3 DEEPU JOSE
AGED 37 YEARS
S/O.P.K.JOSE, PAVAKALAM HOUSE, PANACHIKKAD VILLAGE,
KUZHIMATTAM P.O., KOTTAYAM DISTRICT., PIN - 689581
4 SAJIN SAJAN
AGED 25 YEARS
S/O.SAJAN, PALAKUDIYIL HOUSE, PANACHIKKAD VILLAGE,
CHANNANIKKAD P.O., KOTTAYAM DISTRICT., PIN - 689581.
5 NOYAL THOMAS
AGED 25 YEARS
S/O.THOMAS T.K., KACHERRY PARAMBIL HOUSE, PANACHIKKAD
VILLAGE, CHANNANIKKAD P.O., KOTTAYAM DISTRICT., PIN -
689581
6 JAGAN C. BIJU
AGED 25 YEARS
S/O.BIJU S.KUMAR, MEENCHIRA HOUSE, NATTAKOM VILLAGE,
CHINGAVANAM P.O., KOTTAYAM DISTRICT., PIN - 689581
7 NITHIN K. JAMES
AGED 21 YEARS
S/O.JAMES K.M., KADHALIKKAD HOUSE, PANACHIKKAD VILLAGE,
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Crl.M.C No.7156/2025
2
CHANNANIKKAD P.O., KOTTAYAM DISTRICT., PIN -
689581
8 NIKHIL T. RAJU
AGED 26 YEARS
S/O.T.T.RAJU, THAKKIDIYIL HOUSE, NATTAKOM VILLAGE,
CHINGAVANAM P.O., KOTTAYAM DISTRICT., PIN -
689581.
BY ADVS.
SRI.K.SHAJ
SMT.BEENA N.KARTHA
SRI.ARUN CHAND
SHRI.BHARAT VIJAY P.
SMT.MINU VITTORRIA PAULSON
SMT.ARCHANA P.P.
RESPONDENT/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM., PIN - 682031.
2 THE STATION HOUSE OFFICER
CHINGAVANAM POLICE STATION, KOTTAYAM DISTRICT.,
PIN - 686531
3 SREELEKHA.K
AGED 50 YEARS
W/O.ANIL KUMAR P. S, OTTAKANJIRAM HOUSE, NEAR
OTTAKANJIRAM SNDP, KUZHIMATTAM P.O., PANACHIKKAD
VILLAGE KOTTAYAM DISTRICT, KERALA., PIN - 686532.
4 ANILKUMAR. P. S
AGED 56 YEARS
S/O.P.K.SUKUMARAN, OTTAKANJIRAM HOUSE, NEAR
OTTAKANJIRAM SNDP, KUZHIMATTAM P.O., PANACHIKKAD
VILLAGE, KOTTAYAM DISTRICT, KERALA., PIN - 686532.
5 AKHIL. P. ANIL
AGED 30 YEARS
S/O.ANILKUMAR. P. S, OTTAKANJIRAM HOUSE, NEAR
OTTAKANJIRAM SNDP, KUZHIMATTAM P.O., PANACHIKKAD
VILLAGE KOTTAYAM DISTRICT, KERALA., PIN - 686532
SMT.PUSHPALATHA M.K. SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 23.09.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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Crl.M.C No.7156/2025
3
ORDER
The petitioners are the accused Nos.1 to 8 in C.C No.1783/2024
on the files of the Judicial First Class Magistrate Court,
Changanacherry. They face criminal prosecution for the commission
of offences under Sections 143, 144, 452, 294(b), 323, 354, 354B,
506 and 427 read with Section 149 of the Indian Penal Code, 1860.
2. In the present petition, the petitioners would contend that
the issue involved in this case, has been amicably settled with the
defacto complainant and the other aggrieved persons, and hence the
proceedings against the petitioners are liable to be quashed.
3. Heard the learned counsel for the petitioners, the learned
counsel for respondents 3 to 5 and the learned Public Prosecutor
representing the State of Kerala.
4. The defacto complainant and the other aggrieved persons
have filed affidavits before this Court, stating that the issue has been
amicably settled with the petitioners, and hence they are not
interested in continuing the proceedings against the petitioners.
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5. The learned Public Prosecutor, upon instructions, submitted
that the defacto complainant and the other aggrieved persons had
given statements to the Investigating Officer also, to the effect that
the issue has been amicably settled with the petitioners, and hence
they are not interested in continuing the criminal prosecution against
the petitioners.
6. The issue involved in this case is purely private in nature.
Now that it has been amicably settled between the parties. Having
regard to the above facts and circumstances of the case, I am of the
view that no purpose would be fulfilled by the continuance of the
prosecution against the petitioners, and hence it is highly necessary to
terminate the prosecution proceedings to prevent abuse of process of
court. Such a course is also required to maintain the harmonious
relationship between the parties. Therefore, the prayer in this petition
to quash the proceedings against the petitioners, has to be allowed.
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In the result, the petition stands allowed. The proceedings
against the petitioners/accused Nos.1 to 8 in C.C No. 1783/2024 on
the files of the Judicial First Class Magistrate Court, Changanacherry,
which arose out of Crime No.375/2024 of Chingavanam Police Station,
Kottayam, are hereby quashed.
Sd/- G. GIRISH
ma/23.09.2025 JUDGE
/True copy/
2025:KER:70830
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE FIRST
INFORMATION REPORT AND FIS DATED
01/04/2024 IN CRIME NO. 375/2024 OF
CHINGAVANAM POLICE STATION.
Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT
DATED 13/12/2024 IN CRIME NO. 375/2024
OF CHINGAVANAM POLICE STATION.
Annexure A3 THE AFFIDAVIT DATED 16/06/2025 SWORN BY
THE 3RD RESPONDENT.
Annexure A4 THE AFFIDAVIT DATED 16/06/2025 SWORN BY
THE 4TH RESPONDENT.
Annexure A5 THE AFFIDAVIT DATED 16/06/2025 SWORN BY
THE 5TH RESPONDENT.
