Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 31ST DAY OF JANUARY 2013 11TH MAGHA 193 Crl.MC.No. 318 of 2013 () ------------------------- CC.939/2007 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, NEYYATTINKARA ORIGINALLY NUMBERED AS CC. NO.388/2002 CRIME NO. 6/2002 OF POZHIYOOR POLICE STATION , THIRUVANANTHAPURAM --------------- PETITIONER / 2ND ACCUSED : -------------------------------------------- THOMSON BRITTO S/O.FRANCIS SAVIER, PALLIVILA VEEDU, PARUTHIYOOR POZHIYOOR DESOM, KULATHOOR VILLAGE NEYYATTINKARA TALUK. BY ADV. SRI.G.SUDHEER RESPONDENTS/STATE & DEFACTO COMPLAINANTS : ------------------------------------------------------------------------------ 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM .
2. JASEENTHA RAJAN D/O.CHRISTEENAMMA, RANJITH BHAVAN, PALLIVILAKOM POZHIYOOR, POZHIYOOR DESOM, KULATHOOR VILLAGE NEYYATTINKARA TALUK ”
121.
3. CHRISTEENAMMA D/O.PUSHPAM, RANJITH BHAVAN, PALLIVILAKOM POZHIYOOR, POZHIYOOR DESOM, KULATHOOR VILLAGE NEYYATTINKARA TALUK ”
121. R1 BY PUBLIC PROSECUTOR SMT. JASMINE V.H. R2 & R3 BY ADV. SRI.S.K.VINOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31-01-2013, ALONG WITH CRMC NO. 344/2013,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 318 of 2013 () APPENDIX PETITIONERS' EXHIBITS : ANNEXURE A. TRUE COPY OF THE FIR & FIS IN CRIME NO.6/2002 DATED 15 1.02 OF POZHIYOOR POLICE STATION. ANNEXURE B. TRUE COPY OF FINAL REPORT IN CRIME NO.6/2002 SUBMITTED BY THE POZHIYOOR POLICE BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT -II, NEYYATTINKARA. ANNEXURE C. TRUE COPY OF COMPROMISE PETITION FILED BY THE RESPONDENTS 2 AND 3 IN CC NO.388/2002 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT 11 NEYYATTINKARA DATED 19 10.2007. ANNEXURE D. TRUE COPY OF JUDGMENT IN CC NO.388/2002 DATED 17 11.2007 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, NEYYATTNKARA. ANNEXURE E. AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 22 9.2012. ANNEXURE F. AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 22 9.12. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn T.R. RAMACHANDRAN NAIR, J.
~~~~~~~~~~~~~~~~~~~~~~~~~~~ Criminal M.C.Nos.318/2013 & 344/2013 ~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 31st day of January, 2013 ORDER
These two cases arise respectively from C.C.No.939/2007 and 940/2007 pending before the Judicial First Class Magistrate Court-II, Neyyattinkara. The prayer is to quash the same in the light of the settlement between the parties.
2. Heard the learned counsel appearing for the petitioners in both the cases and the learned Public Prosecutor.
3. The petitioner in Crl.M.C.No.318/2013 is the second accused in Crime No.6/2002 of Pozhiyoor Police Station which was originally charge sheeted as C.C.No.388/2002 of the same court. The pleadings of the petitioner show that a counter case was also registered against respondent Nos.2 and 3 as Crime No.5/2002 Pozhiyoor Police Station. It is evident from Annexure-D that the lower court has acquitted the accused Nos.1, 3 to 6 and the case against the petitioner was refiled as C.C.No.939/2007. Annexure-C is the copy of the compromise petition filed by the parties showing about settlement. Herein, the de facto complainant, namely, the second respondent and her mother-PW.1 have sworn affidavits as Annexures-E and F stating that there is a settlement and, therefore, the proceedings can be quashed.
4. In Crl.M.C.No.344/2007, the petitioners are accused Nos.3 and 8 and the respondent Nos.3 and 4 are injured and the second Crl.M.C Nos.318/2013 & 344/2013 -:2:- respondent is the de facto complainant. The pleadings show that the entire disputes have been settled between the parties.
5. Heard both sides. In the light of the fact that the disputes arose only as a private one and as the parties have already settled their disputes, there may not be any useful purpose in proceeding with the cases and there cannot be any successful prosecution also. The affidavits filed by the respective respondents in both the cases will show that they are willing to withdraw the prosecution against the petitioners in both the cases which are registered as case and counter case from the same incident. Some of the accused have already been acquitted as evident from Judgments Annexure-D produced in Crl.M.C.No.318/2013 and Annexure-C in Crl.M.C.No.344/2013. A reading of the Judgments will also show that the prosecution has failed to establish the cases, therefore, evidently, substratum of the prosecution case has been shattered, especially, in the light of the stand taken by the injured in both the cases.
6. Therefore, the criminal miscellaneous cases are allowed. Proceedings in C.C.No.939/2007 of Judicial First Class Magistrate Court-II, Neyyattinkara as against the petitioner in Crl.M.C.No.318/2013 as well as proceedings in C.C.No.940/2007 of the same court as against the petitioners in Crl.M.C.No.344/2013 will stand quashed. Sd/- (T.R. Ramachandran Nair, Judge.) ms