Kerala High Court
Biju George vs State Of Kerala on 29 March, 2017
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 29TH DAY OF MARCH 2017/8TH CHAITHRA, 1939
Crl.MC.No. 2531 of 2016 ()
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AGAINST THE ORDER/JUDGMENT IN CC 841/2012 of J.M.F.C.-I, PATHANAMTHITTA
CRIME NO. 383/2006 OF ARANMULA POLICE STATION, PATHANAMTHITTA
PETITIONER(S)/ACCUSED 3 & 4:
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1. BIJU GEORGE,
AGED 45 YEARS, S/O.GEORGE, VADAKKEVILAYIL HOUSE,
MELEVETTIPURAM MURI, PATHANAMTHITTA VILLAGE,
PATHANAMTHITTA DISTRICT.
2. BIJU @ PATHIL BIJU
AGED 39 YEARS, CHARUVILAYIL HOUSE,
KAIPUZHA MURI, MEZHUVELI VILLAGE,
PATHANAMTHITTA DISTRICT.
BY ADV. SRI.K.N.RADHAKRISHNAN(THIRUVALLA)
RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT/INJURED:
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1. STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 31
2. BIJOY KURIAKOSE,
AGED 40 YEARS, D/O. KURIAKOSE,
PAYYATHUPUTHENVEETTIL HOUSE,
MANJANIKKARA, OOMALLOOR VILLAGE,
PATHANAMTHITTA DISTRICT 689645.
R2 BY ADV. SRI.S.MOHANA KUMARAN NAIR
R1 BY PUBLIC PROSECUTOR SRI.AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
29-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2531 of 2016 ()
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APPENDIX
PETITIONER(S)' EXHIBITS
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ANNEXURE 1 CERTIFIED COPY OF CHARGE IN C.C 841/2012 OF THE JFCM-1,
PATHANAMTHITTA
ANNEXURE 2 AFFIDAVIT OF 2ND RESPONDENT
RESPONDENT(S)' EXHIBITS : NIL
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/TRUE COPY/
P. A. TO JUDGE
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SUNIL THOMAS, J.
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Crl. M. C. No. 2531 of 2016
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Dated this the 29th day of March, 2017
O R D E R
The petitioners are the accused Nos.3 and 4 in C.C. No.841/2012 of Judicial First Class Magistrate Court, Pathanamthitta for offences punishable under Sections 452, 323, 324, 427, 294(B) read with 34 IPC. Originally the petitioners along with 2 other accused were charge sheeted in C.C. No.261/2007 of Judicial First Class Magistrate Court 1, Pathanamthitta. The petitioners herein did not face the trial. The court below, by its judgment acquitted the accused who had faced the trial. The case against the petitioners herein was split up and is now pending as C.C.No.841/2012.
2. The petitioners contending that in the light of acquittal of the other accused, the substratum of the case is broken and no purpose will be served by prosecuting them. It was further submitted that the dispute was settled with the 2nd respondent. Annexure 2 is the affidavit filed by the 2nd respondent reiterating the settlement arrived at between the parties. Learned counsel for the 2nd respondent relying on the above affidavit submitted that the defacto complainant has no objection in quashing the proceedings as against the petitioners herein. Crl. M. C. No. 2531 of 2016 2
3. The learned Public Prosecutor on instructions submitted that C.C.No.261/2007 was not subject matter of any challenge and that the petitioners are not involved in any other case.
4. Having considered the settlement that has been arrived at between the parties, I feel that no purpose will be served by prosecuting the petitioners herein. Hence, the Crl.M.C. is liable to be allowed. However, it is pertinent to note that the incident happened in the year 2006. In spite of the fact that the remaining accused faced the trial and the petitioners herein kept away from the judicial proceedings leading to the pendency of the judicial proceedings till now. I feel that cost is liable to be imposed on the petitioners herein. A sum of 1,500/- payable by each of the accused will serve the interest of justice.
In the result, Crl.M.C. is allowed. All further proceedings in C.C.No.841/2012 stand quashed on condition that the each of the petitioner deposits a sum of 1,500/- (Rupees one thousand five hundred only) with High Court legal Services Authority within one month from today and produce the receipt before the court below.
Sd/-
SUNIL THOMAS, JUDGE.
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