Kerala High Court
Jidhiv vs Vishnu Mohan on 6 February, 2020
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 06TH DAY OF FEBRUARY 2020 / 17TH MAGHA, 1947
Crl.MC.No.1039 OF 2020(H)
PROCEEDINGS IN IN C.C.NO.1285/2018 OF JUDICIAL MAGISTRATE
OF FIRST CLASS - I,PATHANAMTHITTA
CRIME NO.508/2017 OF ARANMULA POLICE STATION ,
PATHANAMTHITTA
PETITIONERS/ACCUSED:
1 JIDHIV
AGED 21 YEARS
S/O. RAJU VARGHESE, VALUPARAMPIL HOUSE,
THEKKEMALA MURI, MURIPPEL BHAGOM, KOZHENCHERRY
VILLEGE, PATHANAMTHITTA DISTRICT-689641.
2 NIJIL,
AGED 29 YEARS
S/O. JOHN JOSE, MANNIL HOUSE, PULLADU MURI,
KOIPURAM VILLAGE, PATHANAMTHITTA DISTRICT-
689531.
3 AKHIL OMANAKKUTTAN,
AGED 22 YEARS
S/O.OMANAKUTTAN, PARAYIL HOUSE, THEKKEMALA
MURI, KOZHENCHERRY VILLEGE, PATHANAMTHITTA
DISTRICT-689641.
4 SHAJI VARGHESE,
AGED 22 YEARS
S/O.VARGHESE, THOLOOR HOUSE, THEKKEMALA MURI,
KOZHENCHERRY VILLEGE, PATHANAMTHITTA DISTRICT-
689641.
5 AMAL,
AGED 22 YEARS
S/O.SHAJI, PUTHIYAM MANNIL HOUSE, THEKKEMALA
MURI, KOZHENCHERRY VILLEGE, PATHANAMTHITTA
DISTRICT-689641.
BY ADV. SRI.AJEESH K.SASI
Crl.M.C.No.1039 of 2020 2
RESPONDENTS/DEFACTO COMPLAINANT & STATE:
1 VISHNU MOHAN,
AGED 21 YEARS
S/O.MOHANKUMAR, VALIYAKALAYIL HOUSE,
THUNDAZHAM, KARAMVELI MURI, MALLAPPUZHASSERY
VILLEGE, KOZHENCHERRY TALUK, PATHANAMTHITTA
DISTRICT-689643.
2 JISHNU MOHANAN
AGED 19 YEARS
VALIYAKALAYIL HOUSE, THUNDAZHAM, KARAMVELI
MURI, MALLAPPUZHASSERY VILLEGE, KOZHENCHERRY
TALUK, PATHANAMTHITTA DISTRICT-689643.
3 MINI
AGED 45 YEARS
W/O.MOHAN KUMAR, VALIYAKALAYIL HOUSE,
THUNDAZHAM, KARAMVELI MURI, MALLAPPUZHASSERY
VILLEGE, KOZHENCHERRY TALUK, PATHANAMTHITTA
DISTRICT-689 643.
4 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
R1 TO R3 BY ADV. SRI. UNNI SEBASTIAN KAPPEN
R4 BY SRI. AMJAD ALI, SR. PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 06.02.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.1039 of 2020 3
ORDER
This is a proceedings under Section 482 of the Code of Criminal Procedure for quashing Annexure - A Final Report pending trial before the Judicial First Class Magistrate Court - I, Pathanamthitta in C.C.No.1285 of 2018.
2. The petitioners are the accused in the said case. The case was one registered under Sections 143, 147, 148, 451, 324, 323 and 427 read with Section 149 of the Indian Penal Code.
3. It is seen that the petitioners and the victims of the crime have amicably settled the disputes. The affidavits sworn to by the victims are part of the records.
4. Heard the learned counsel for the petitioners, the learned Public Prosecutor as also the learned counsel for the victims.
5. Though the matter is settled between the Crl.M.C.No.1039 of 2020 4 parties, I have examined the accusation in the case and found that this is a matter that could be settled and closed in the light of the decision of the Apex Court in Gian singh v. State of Punjab, (2012) 10 SCC 303, invoking the jurisdiction under Section 482 of the Code of Criminal Procedure.
In the result, the Crl.M.C. is allowed and Annexure - A Final Report pending trial before the Judicial First Class Magistrate Court - I, Pathanamthitta in C.C.No.1285 of 2018 and all further proceedings thereto are quashed.
Sd/-
P.B.SURESH KUMAR, JUDGE.
DK Crl.M.C.No.1039 of 2020 5 APPENDIX PETITIONER'S EXHIBITS:
ANNEXURE A TRUE COPY OF THE FINAL REPORT IN CRIME NO.508/2017 OF ARANMULA POLICE STATION.
ANNEXURE B THE AFFIDAVIT SWORN IN BY THE DEFACTO COMPLAINANT (CW1)/1ST RESPONDENT SIGNIFYING THE FACTUM OF SETTLEMENT COMPOSITION OF THE DISPUTES WITH THE PETITIONERS.
ANNEXURE C THE AFFIDAVIT SWORN IN BY THE CW2/2ND RESPONDENT SIGNIFYING THE FACTUM OF SETTLEMENT COMPOSITION OF THE DISPUTES WITH THE PETITIONERS.
ANNEXURE D THE AFFIDAVIT SWORN IN BY THE CW3/3RD RESPONDENT SIGNIFYING THE FACTUM OF SETTLEMENT COMPOSITION OF THE DISPUTES WITH THE PETITIONERS.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
DK