Kerala High Court
Jomon vs State Of Kerala on 5 November, 2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
TUESDAY, THE 05TH DAY OF NOVEMBER 2019 / 14TH KARTHIKA, 1941
Crl.MC.No.7366 OF 2019(A)
IN C.C.NO.269/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,
KAYAMKULAM
CRIME NO.2404/2014 OF Kayamkulam Police Station , Alappuzha
PETITIONER/ACCUSED 5:
JOMON
AGED 27 YEARS
S/O. JOSE, JO VILLA, MUTHUKKAATTUKARA MURI, PALAMEL
VILLAGE, ALAPPUZHA DISTRICT, PIN - 689512.
BY ADVS.
SRI.OMAR SALIM
SRI.ABDULLA ZIYAD
SMT.K. REMIYA RAMACHANDRAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031
2 GOPALA KRISHNAN
AGED 59 YEARS
S/O. BALAKRISHNA PANICKER, CHAKKANTHARA VEEDU,
KANDALLUR SOUTH MURI, KANDALLUR VILLAGE, ALAPPUZHA
DISTRICT, PIN - 690 527.
3 PRASHOBHA
AGED 38 YEARS
W/O. GOPALA KRISHNAN, CHAKKANTHARA VEEDU, KANDALLUR
SOUTH MURI, KANDALLUR VILLAGE, ALAPPUZHA DISTRICT,
PIN - 690 527.
BY ADVS.
R2-R3 SRI.C.K.RAPHEEQUE
SMT V SREEJA-PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.7366 OF 2019(A) 2
O R D E R
This is a petition filed under Section 482 Cr.P.C for quashing the proceedings against the petitioner in the case L.P.No.70/2019 arising out of C.C.No.269/2017 on the file of the Court of the Judicial First Class Magistrate-I, Kayamkulam.
2. There were altogether five accused in the charge sheet filed in Crime No.2404/2014 of Kayamkulam Police Station. Accused No.1 to 4 faced trial in the case C.C.No.2429/2014. The petitioner herein, who is the 5th accused in the case, did not appear before the court. Therefore, the case against the other accused was disposed of and the case against the petitioner was split up and re-filed as C.C.No.269/2017.
3. The offences alleged against the petitioner are punishable under Sections 143, 147, 149, 341 and 294(b) IPC and Section 118(a) of Kerala Police Act, 2012. The 2 nd and the 3rd respondents are the victims of the offences allegedly committed by the petitioner and the other accused. It is submitted that the matter has been settled between them and the petitioner. Therefore, it is prayed that the proceedings against the petitioner in the case may be quashed. Crl.MC.No.7366 OF 2019(A) 3
4. Heard learned counsel for the petitioner and the 2 nd and the 3rd respondents and also the learned Public Prosecutor.
5. I have perused the affidavits filed by the 2 nd and 3rd respondents, who have entered appearance through counsel. It is stated in the affidavits filed by them that the matter has been settled between them and the petitioner and that they have got no grievance against the petitioner and also that they have got no objection to quash the proceedings against the petitioner in the case. I am satisfied that the settlement arrived at between the parties is genuine.
6. I also take note of the fact that as per Annexure-A2 judgment in C.C.No.2429/2014 all the other accused in the case were acquitted for want of evidence. The de facto complainant, who was examined as PW1, during the trial of the aforesaid case, had deposed before the court that he could not identify the assailants as it was dark at the time of the incident.
7. In the aforesaid circumstances, no useful purpose would be served by continuing the prosecution against the petitioner. Conducting trial against him would only be a futile exercise. In these circumstances, I find that the proceedings against the petitioner can be quashed by invoking the power Crl.MC.No.7366 OF 2019(A) 4 of this Court under Section 482 Cr.P.C.
Consequently, the petition is allowed. The entire proceedings against the petitioner in the case L.P.No.70/2019 on the file of the Court of the Judicial First Class Magistrate-I, Kayamkulam, arising out of C.C.No.269/2017, are hereby quashed.
Sd/-
R. NARAYANA PISHARADI JUDGE LEK Crl.MC.No.7366 OF 2019(A) 5 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF FINAL REPORT IN C.C.NO.269/2017 WHICH IS NOW PENDING AS L.P.NO.70/2019 ON THE FILES OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT - I, KAYAMKULAM, ALAPPUZHA ARISING OUT OF CRIME NO.2404/2014 OF KAYAMKULAM POLICE STATION.
ANNEXURE A2 CERTIFIED COPY OF THE JUDGMENT IN C.C.NO.2429/2014 ON THE FILES OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, KAYAMKULAM, DATED 28.2.2017.
ANNEXURE A3 THE AFFIDAVIT SWORN BY THE SECOND RESPONDENT STATING SETTLEMENT OF ALL THE DISPUTES WITH THE PETITIONER HEREIN.
ANNEXURE A4 THE AFFIDAVIT SWORN BY THE THIRD RESPONDENT STATING SETTLEMENT OF ALL THE DISPUTES WITH THE PETITIONER HEREIN.