Kerala High Court
Bibin Joshy vs State Of Kerala on 11 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
TUESDAY, THE 11TH DAY OF FEBRUARY 2020 / 22ND MAGHA, 1941
Crl.MC.No.1206 OF 2020(A)
AGAINST THE ORDER/JUDGMENT IN CC 90/2019 OF CHIEF JUDICIAL
MAGISTRATE PATHANAMTHITTA
CRIME NO.1474/2015 OF Pathanamthitta Police Station ,
Pathanamthitta
PETITIONERS/ACCUSED 1 AND 2:
1 BIBIN JOSHY, AGED 21 YEARS
S/O. BABU, RESIDING AT CHIRAPURATHU HOUSE,
PANNIYALI MURI, OMALLOOR VILLAGE,
KOZENCHERRY TALUK, PATHANAMTHITTA DISTRICT,
OMALLOOR P.O. 689 647.
2 KUNJUMOL JOSHUA, AGED 61 YEARS
W/O. JOSHU, RESIDING AT CHIRAPURATHU HOUSE,
PANNIYALI MURI, OMALLOOR VILLAGE,
KOZENCHERRY TALUK, PATHANAMTHITTA DISTRICT,
OMALLOOR P.O. 689 647.
BY ADVS.
SRI.V.SETHUNATH
JESLIN DOLLY MATHEWS
RESPONDENTS/STATE/COMPLAINANT & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682 031.
2 THE SUB INSPECTOR
PATHANAMTHITTA POLICE STATION,
PATHANAMTHITTA DISTRICT 689 645.
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3 BEENA, AGED 44 YEARS
D/O. GEORGE, RESIDING AT ETTIMOOTTIL HOSE,
THENGUMKAVU P.O. PRAMADOM VILLAGE, KONNI TLUK,
PATHANAMTHITTA DISTRICT, 689 646,
(DE-FACTO COMPLAINANT).
R3 BY ADV. V.R.MANORANJAN (MUVATTUPUZHA)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 11.02.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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Crl.MC.No.1206 OF 2020
ORDER
This is a proceedings under Section 482 of the Code of Criminal Procedure for quashing Annexure 2 Final Report pending trial before the Chief Judicial Magistrate Court, Pathanamthitta in C.C.No. 90 of 2019.
2. The petitioners are accused Nos. 1 and 2 in the said case. The case was one registered under Sections 294(b), 323, 324 and 506(ii) read with Section 34 of the Indian Penal Code.
3. It is seen that the petitioners and the de facto complainant of the crime have amicably settled the disputes. An affidavit sworn to by the de facto complainant is part of the records.
4. Heard the learned counsel for the petitioners, the learned Public Prosecutor as also the learned counsel for the de facto complainant.
5. Though the matter is settled between the 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 Crl.MC.No.1206 OF 2020(A) -4- 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 2 Final Report pending trial before the Chief Judicial Magistrate Court, Pathanamthitta in C.C.No. 90 of 2019 and all further proceedings thereto are quashed.
Sd/-
P.B.SURESH KUMAR
ds 12.02.2020 JUDGE
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 THE CERTIFIED COPY OF THE F.I.R. AND
F.I.S. IN CRIME NO. 1474/2015 OF
PATHANAMTHITTA POLICE STATION.
ANNEXURE 2 THE CERTIFIED COPY OF THE FINAL REPORT
IN C.C. NO. 90/2019 ON THE FILE OF THE C.J.M. COURT PATHANAMTHITTA.
ANNEXURE 3 THE TRUE COPY OF THE NOTARISED AFFIDAVIT FILED BY THE 3RD REPRESENTED.