Kerala High Court
Francis vs State Of Kerala on 5 April, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
CRL.MC NO. 2406 OF 2024
CRIME NO.22/2020 OF Kannamali Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.185 OF 2020 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I,KOCHI
PETITIONERS/ACCUSED:
1 FRANCIS
AGED 54 YEARS
S/O JOSEPH, RESIDING AT THAREPPARAMBIL HOUSE,
CHELLANAM., PIN - 682008
2 SEBASTIAN
AGED 59 YEARS
S/O JOSEPH, RESIDING AT MUNDUPARAMBIL HOUSE,
MARUVAKKAD, CHELLANAM., PIN - 682008
3 MURAL
AGED 43 YEARS
S/O HANNUMATHAN, RESIDING AT MANJADIPPRAMBIL HOUSE,
MARUVAKKAD, CHELLANAM., PIN - 682008
4 RAVI
AGED 63 YEARS
S/O RAMAN, RESIDING AT MANJADIPPARAMBIL HOUSE,
MARUVAKKAD, CHELLANAM., PIN - 682008
5 JOHNSON
AGED 40 YEARS
S/O LOWERENCE, RESIDING AT VELUTHAMANNGAL HOUSE,
MARUVAKKAD, CHELLANAM., PIN - 682008
6 JOSEPH
AGED 56 YEARS
KAITHAVALAPPIL HOUSE, MARUVAKKAD, CHELLANAM., PIN -
682006
7 FRANCIS
AGED 58 YEARS
S/O PAUL, RESIDING AT KALLUNKAL HOUSE, MARUVAKKAD,
CHELLANAM., PIN - 682008
8 ANTONY
AGED 67 YEARS
S/O JOSEPH, RESIDING AT MUNDAMPRAMBIL HOUSE,
MARUVAKKAD, CHELLANAM., PIN - 682991
9 M.J. VARGHESE
AGED 54 YEARS
S/O JOSEPH, RESIDING AT MUNDAMPARAMBIL HOUSE,
MARUVAKKAD, CHELLANAM., PIN - 682008
CRL.MC NO. 2406 OF 2024
2
10 ANTONY K.J,
AGED 43 YEARS
S/O THOMAS, RESIDING AT KAKKARIYIL HOUSE,
MARUVAKKAD, CHELLANAM., PIN - 682008
11 CYRIL
AGED 39 YEARS
S/O ANTONY, RESIDING AT KAKKARIYIL HOUSE,
MARUVAKKAD, CHELLANAM., PIN - 682008
12 XAVIER
AGED 55 YEARS
S/O JOSEPH, RESIDING AT THARAYIL HOUSE,
MARUVAKKAD, CHELLANAM., PIN - 682008
13 JOSEPH M.A
AGED 37 YEARS
S/O ANTONY, RESIDING AT MUNDAMPRAMBIL
HOUSE, MARUVAKKAD, CHELLANAM., PIN -
682008
14 SHIJU
AGED 41 YEARS
S/O VARGHESE, RESIDING AT ERASSERY HOUSE,
MARUVAKKAD, CHELLANAM., PIN - 682008
BY ADV D.LEEMA ROSY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH
COURT OF KERALA, ERNAKULAM., PIN - 682031
2 BABU
AGED 67 YEARS
S/O A.J. THOMAS PRESIDENT OF MARAVAKKADU
PADASEKHARAM, RESIDING AT ARAKAPARAMBIL
HOUSE, NORTH CHELLANAM BAZAR, ERNAKULAM.,
PIN - 682008
OTHER PRESENT:
SRI. NOUSHAD K. A. (PP) / SRI. KABIL
CHANDRAN (FOR R2)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 05.04.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
CRL.MC NO. 2406 OF 2024
3
BECHU KURIAN THOMAS, J.
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Crl.M.C. No. 2406 of 2024
----------------------------------------
Dated this the 5th day of April, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 482 of Code of Criminal Procedure, 1973 to quash all proceedings against them.
2. Petitioners are accused Nos.1 to 14 in C.C. No. 185 of 2020 on the files of the Judicial First Class Magistrate's Court-I, Kochi, arising out of Crime No. 22 of 2020 of Kannamaly Police Station, registered for the offences under Sections 143, 147, 447, 120B, 506 and 427 r/w Section 149 of the Indian Penal Code, 1860. The second respondent is the defacto complainant.
3. According to the prosecution, the accused had formed themselves into an unlawful assembly and trespassed into the padasekharam and destroyed the sheds erected there and threatened to kill the security staff and thereby committed the offences alleged.
4. Heard the learned counsel for the petitioners and the learned counsel for the respondent, apart from the learned Public Prosecutor.
CRL.MC NO. 2406 OF 2024 4
5. The learned counsel for the petitioners submitted that the matter has been settled and hence the proceedings against the petitioners ought to be quashed. It was also submitted that, considering the nature of offences alleged, no purpose would be served by continuing the proceedings.
6. In Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303], the Apex Court has held that in appropriate cases, the High Court can take note of the amicable resolution of disputes between the victim and the wrongdoer to put an end to the criminal proceedings. This view was reiterated in Narinder Singh and Others v. State of Punjab and Another [(2014) 6 SCC 466] and Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653].
7. I have perused Annexure F affidavit filed by the 2 nd respondent. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavit is genuine, and the defacto complainant stands by the contents thereof. I am satisfied that the matter has been settled and no public interest is involved in this case. There is no impediment for granting the prayer for quashing. The continuance of the proceedings will only be an exercise in futility.
8. Accordingly, all proceedings against the petitioners in CRL.MC NO. 2406 OF 2024 5 C.C. No. 185 of 2020 on the files of the Judicial First Class Magistrate's Court-I, Kochi, are quashed.
This Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS JUDGE AJM CRL.MC NO. 2406 OF 2024 6 APPENDIX OF CRL.MC 2406/2024 PETITIONER ANNEXURES Annexure A TRUE COPY OF THE F.I.R IN CRIME NO.22/2020 OF KANNAMALY POLICE STATION Annexure B TRUE COPY OF THE CHARGE SHEET FILED IN C.C. NO. 185/2020 Annexure C TRUE COPY OF THE AGREEMENT DATED 7/3/2020EXECUTED BY THE PETITIONERS' UNION AND THE DEFACTO COMPLAINANT Annexure D TRUE COPY OF THE CRL M.C. NO.
2520/2021 OF THE HIGH COURT OF KERALA Annexure E TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE COURT IN CRL M.C. NO.
2520/2021 DATED 28/11/2023
Annexure F THE ORIGINAL OF THE SETTLEMENT
AFFIDAVIT SWORN BY THE 2ND
RESPONDENT DATED 5/3/2024
TRUE COPY