Kerala High Court
Fr. Binu Thomas Thadathil vs Baijumon V.S on 7 January, 2019
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY ,THE 07TH DAY OF JANUARY 2019 / 17TH POUSHA, 1940
Crl.MC.No. 7608 of 2018
AGAINST THE ORDER/JUDGMENT IN CC 475/2013 of J.M.F.C.,PAYYANNUR
CRIME NO. 58/2012 OF Peringome Police Station , Kannur
PETITIONER/ACCUSED 1 TO 7:
1 FR. BINU THOMAS THADATHIL,
AGED 37 YEARS
S/O THOMAS, CHOORAPPADAVU, KANNUR DISTRICT
2 JIMMI
AGED 38 YEARS
S/O. THOMAS, VELLIKKUZHIYIL, PULIMGOM, KOTTATHALACHI,
KANNUR DISTRICT.
3 JAMES,
AGED 41 YEARS
S/O. SCARIA, MYLATOOR, PULIMGOM, KOTTATHALACHI,
KANNUR DISTRICT.
4 PRAKASAN,
AGED 52 YEARS
S/O. JOSEPH, PANUNANICKAL HOUSE, PULIMGOM,
VAZHAKKUNDOM, KANNUR DISTRICT.
5 THOMAS,
AGED 38 YEARS
S/O. AUGUSTIN, VENGACHUVATTIL HOUSE, PULIMGOM,
KOTTATHALACHI, KANNUR DISTRICT.
6 RAJESH,
AGED 45 YEARS
S/O. KURIAKOSE, KUTTIYANICKAL HOUSE, PULIMGOM,
KOTTATHALACHI, KANNUR DISTRICT.
7 JAMES,
AGED 56 YEARS
S/O. JACOB, KARIPAL HOUSE, PULIMGOM, KOTTATHALACHI,
KANNUR DISTRICT.
BY ADV. SRI.M.T.SURESHKUMAR
Crl.M.C. No.7608 & 7703/2018. 2
RESPONDENT/DEFACTO COMPLAINANT & STATE:
1 BAIJUMON V.S.,
AGED 38 YEARS
S/O SASIDHARAN NAIR, VADAKKEDATHU HOUSE,
KOTTATHALACHI, EDAVARAMBA P O, PULIGOM VILLAGE,
KANNUR DISTRICT, PIN-670511
2 RAVEENDRAN K.
AGED 42 YEARS
S/O. KUNJIKKANNAN, PALLIKKUNNEL, PULIMGOM AMSOM ,
KOTTATHALACHI, KANNUR DISTRICT, PIN - 670511.
3 SHEEBA,
AGED 34 YEARS
W/O. RAVEENDRAN, PALLIKKUNNEL, PULIMGOM AMSOM,
KOTTATHALACHI, KANNUR DISTRICT, PIN - 670511.
4 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN 682 031.
BY ADV. SRI.GEORGE MECHERIL
OTHER PRESENT:
PP AJITH MURALI
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
07.01.2019, ALONG WITH Crl.MC.7703/2018, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
Crl.M.C. No.7608 & 7703/2018. 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY ,THE 07TH DAY OF JANUARY 2019 / 17TH POUSHA, 1940
Crl.MC.No. 7703 of 2018
AGAINST THE ORDER/JUDGMENT IN CC 229/2013 of J.M.F.C.,PAYYANNUR
CRIME NO. 57/2012 OF Peringome Police Station , Kannur
PETITIONERS/ACCUSED NOS. 1 AND 2:
1 BAIJUMON,
AGED 38 YEARS
S/O.SASIDHARAN NAIR, VADAKKEDATHU HOUSE, PULINGOM
AMSOM, KANNUR DISTRICT.
2 RAVEENDRAN
AGED 42 YEARS
S/O KUNJIKANNAN, PULIKKUNNEL, PULINGOM,
KOTTATHALACHI MALA, KANNUR DISTRICT.
BY ADV. SRI.GEORGE MECHERIL
RESPONDENTS/ DEFACTO COMPLAINANT AND STATE:
1 FR.BINU THOMAS,
AGED 37 YEARS
S/O.THOMAS, THADATHILPUTHENVEEDU, VILAKKENNUR,
NDUVIL AMSOM, CHOORAPPADAVU, (VIKAR OF HOLY CROSS
CHURCH), KANNUR DISTRICT, PIN - 670 511.
2 RARICHAN @ JOMYSYRIAK,
AGED 38 YEARS
S/O.KURIAN, MYLADOOR HOUSE, PULINGOM,
CHOORAPPADAVU, KANNUR DISTRICT, PIN-670511.
3 THOMAS V.A.
AGED 43 YEARS
S/O.AUGUSTIN, VENGACHUVATTIL HOUSE, PULINGOM,
Crl.M.C. No.7608 & 7703/2018. 4
KOTTATHALACHI, EDAVARAMBU P.O., KANNUR DISTRICT,
PIN-670 511.
4 THOMAS P.O.,
AGED 48 YEARS
S/O.MATHEW, PARATHOTTATHIL HOSUE, THIRUMENI AMSOM,
THEKKENMAVU, KOTTACHALACHI, KANNUR DISTRICT, PIN-
670 511.
5 M.S.JAMES,
AGED 41 YEARS
S/O.SCARIA, MYLADOOR HOUSE, PULINGOM,
KOTTATHALACHI, KANNUR DISTRICT, PIN-670 511.
6 JINS AUGUSTIN
AGED 27 YEARS
S/O.AUGUSTIN, PULINGOM, CHOORAPPADAVU, KANNUR
DISTRICT, PIN-670 511.
7 JIMMI JOSEPH,
AGED 38 YEARS
S/O.JOSEPH, VELLIMOODIYIL HOUSE, PULINGOM AMSOM,
KOTTATHALACHI, KANNUR DISTRICT, PIN-670 511.
8 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN-682 031.
BY ADVS.
SRI.M.T.SURESHKUMAR
SRI.M.T.SURESHKUMAR
SRI.R.RANJITH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
07.01.2019, ALONG WITH Crl.MC.7608/2018, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
Crl.M.C. No.7608 & 7703/2018. 5
O R D E R
[ Crl.MC 7608/2018 ,Crl.MC.7703/2018 ] Crl.M.C.No.7608/2018 arises from Crime No. 58 of 2012 of Peringome Police station, for offences punishable under sections 143,147,148,341,323,324,506(ii), 354 read with section 149 IPC. Allegation of the prosecution is that, petitioners herein attacked the defacto complainants on 20/1/2012 at 11.45 a.m. It was alleged that, it was pursuant to a protest against running of a quarry. Respondents 1 to 3 are the defacto complainants. Now the matter is pending as CC No. 475/2013 of the Judicial Magistrate of First Class, Payyannur.
2. Crl.M.C. No.7703/2018 arises from Crime No.57/2012 of Peringom police station for offences punishable under sections 341,323,324,294(b), 506(ii), read with section 34IPC. Allegation of the prosecution is that petitioners herein attacked the defacto complainant on 20/1/2012 at 11.45 a.m. Matter is now pending as C.C.No.229/2013 of the Judicial Magistrate of First Class, Payyannur.
3. Accused in both the cases have approached this court to quash the proceedings on the basis of the settlement arrived at between the parties. To substantiate their statement, parties relied on the affidavit submitted by the defacto complainants. Crl.M.C. No.7608 & 7703/2018. 6
4. It is seen that accused 1 and 2 in Crime No. 57/2012 are the defacto complainants in Crime No. 58/2012. Learned counsel on instructions submitted that parties have settled their disputes in both the cases and their statements have been recorded.
5.Considering the fact that, the petitioners have no criminal antecedents and the settlement arrived at between the parties is on record, I am inclined to quash the proceedings.
Accordingly, Crl.M.Cs are allowed. All further proceedings pending as CC No. 475/2013 and 229/2013 of the Judicial Magistrate of First Class, Payyanur stand quashed.
Sd/-
dpk SUNIL THOMAS
JUDGE
Crl.M.C. No.7608 & 7703/2018. 7
APPENDIX OF Crl.MC 7608/2018
PETITIONER'S/S EXHIBITS:
ANNEXURE P1 TRUE COPY OF THE FIR IN CRIME NO. 58 OF
2012 OF PERINGOME POLICE STATION, KANNUR DISTRICT.
ANNEXURE P2 TRUE COPY OF THE FINAL REPORT IN CRIME NO.
58 OF 2012 OF PERINGOME POLICE STATION, KANNUR DISTRICT DATED 05.04.2013.
Crl.M.C. No.7608 & 7703/2018. 8APPENDIX OF Crl.MC 7703/2018 PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO.57 OF 2012 OF PERINGOME POLICE STATION, KANNUR DISTRICT.
ANNEXURE A2 TRUE COPY OF THE FINAL REPORT IN CRIME NO.57 OF 2012 OF PERINGOME POLICE STATION, KANNUR DISTRICT DATED 5.4.2013.