Jose Mon vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 25, 2024

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Citation: sooperkanoon.com/1307488
Court: Kerala High Court
Judge: Honourable Mrs. Justice Sophy Thomas
Decided On: Jan 25, 2024
Case Number: Crl.MC/8996/2023

Parties & Advocates

Appellant / Petitioner

Jose Mon

Respondent

State of Kerala

Excerpt

.....district, pin - 682505 by advs. v.a.navas george joseph pulimoottil(k/31/2004) by sri.renjith george, sr.pp sr.pp-sri.vipin narayananthis criminal misc. case having come up for admission on 25.01.2024, the court on the same day passed the following:orderdated this the 25th day of january , 2024 this crl.m.c., under section 482 of cr.p.c., is filed by accusednos.1 to 7 in crime no.1159 of 2020 of njarakkal police station, ernakulam, registered under sections 143, 147, 149, 324, 294(b) and 506(1) of ipc, for quashing annexure a2 final report in c.c.no.1979 of 2020 on the file of judicial first class magistrate court, njarakkal.2. the prosecution allegation is that accused nos.1 to 7, unlawfully assembled and physically assaulted respondents 2 to 6 causing bodily injuries.3. when the matter is taken up for consideration,learned counsel for the petitioners submitted that the matter stands settled between themselves and respondents 2 to 6. respondents 2 to 6 entered appearance through counsel, and submitted that the matter stands settled. annexures a3 to a7 are the affidavits filed by them, endorsing the settlement. neither they have any intention to proceed with the prosecution nor any objection in quashing annexure a2 final report in c.c.no.1979 of 2020.4. on instructions, learned public prosecutor submittedthat the matter is settled and he produced signed statements of respondents 2 to 6. in those statements also, they have stated that they are not intending to proceed with the prosecution, and they have no objection in quashing annexure a2 final report in c.c.no.1979 of 2020.5. since the matter stands settled, no purpose would be served by continuing the prosecution against the petitioners.6. in the light of the principles laid down by the apexcourt in gian singh v. state of punjab and another; [(2012) 10 scc 303)], and state of madhya pradesh v. laxmi narayan and others; [(2019) 5 scc 688], this court is of the view that the proceedings against the petitioners can.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS THURSDAY, THE 25TH DAY OF JANUARY 2024 / 5TH MAGHA, 1945 CRL.MC NO. 8996 OF 2023 CRIME NO.1159/2020 OF Narakkal Police Station, Ernakulam AGAINST THE ORDER/JUDGMENT CC 1979/2020 OF JUDICIAL FIRST CLASS MAGISTRATE COURT (TEMPORARY), NJARAKKAL PETITIONERS/ACCUSED:

1 JOSE MON AGED 25 YEARS S/O JOY, MAYYATTIL HOUSE, 2 VISHNU AGED 28 YEARS S/O JOSHY, THOTTUNKAL HOUSE, NAYARAMBALAM VILLAGE, MANATTUPARAMBU KARA, ERNAKULAM DISTRICT, PIN - 682509 3 YEDHU KRISHNA AGED 22 YEARS S/O SHRAPATHY, PUTHENVEETTIL HOUSE, NAYARAMBALAM VILLAGE. MANATTUPARAMBU KARA, ERNAKULAM DISTRICT, PIN - 682509 4 VISHNU AGED 25 YEARS S/O KUTTAN, NEDUVIRIPPU HOUSE, 5 NAVEEN JOY AGED 26 YEARS S/O JOY, PANAKKAL HOUSE, NJARACKAL VILLAGE, NJARACKAL KARA, ERNAKULAM DISTRICT, 6 JAIMON AGED 26 YEARS S/O SEBASTIN, CHARAKKADU HOUSE,

7 SARATH LAL AGED 25 YEARS S/O GOPALAKRISHNAN, ASHERIPARAMBU HOUSE, NAYARAMBALAM VILLAGE, MANATTUPARAMBU KARA, ERNAKULAM DISTRICT, PIN - 682509 BY ADVS. M.J.SANTHOSH ANTONY PAUL RESPONDENTS/COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 RAJAN AGED 65 YEARS S/O GOPALAN, CHANAYIL HOUSE, NJARAKKAL VILLAGE, NJARAKKAL KARA, ERNAKULAM DISTRICT, 3 VANAJA RAJAN AGED 61 YEARS W/O RAJAN, CHANAYIL HOUSE, NJARAKKAL VILLAGE, \ NJARAKKAL KARA, \ ERNAKULAM DISTRICT, PIN - 682505 4 ANOOP RAJ AGED 31 YEARS S/O RAJAN, CHANAYIL HOUSE, NJARAKKAL VILLAGE, NJARAKKAL KARA, ERNAKULAM DISTRICT, 5 VIPIN VARGHESE AGED 35 YEARS S/O VARGHESE, VELAMPARAMBIL HOUSE, NJARAKKAL VILLAGE, NJARAKKAL KARA, ERNAKULAM DISTRICT, PIN - 682505 6 KEVIN AMBROSE AGED 25 YEARS S/O ABROSE, KUMBALATHPARAMBIL HOUSE, NJARAKKAL VILLAGE, NJARAKKAL KARA, ERNAKULAM DISTRICT, PIN - 682505 BY ADVS. V.A.NAVAS GEORGE JOSEPH PULIMOOTTIL(K/31/2004) BY SRI.RENJITH GEORGE, SR.PP SR.PP-SRI.VIPIN NARAYANAN

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.01.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 25th day of January , 2024 This Crl.M.C., under Section 482 of Cr.P.C., is filed by accusedNos.1 to 7 in Crime No.1159 of 2020 of Njarakkal Police Station, Ernakulam, registered under Sections 143, 147, 149, 324, 294(b) and 506(1) of IPC, for quashing Annexure A2 final report in C.C.No.1979 of 2020 on the file of Judicial First Class Magistrate Court, Njarakkal.

2. The prosecution allegation is that accused Nos.1 to 7, unlawfully assembled and physically assaulted respondents 2 to 6 causing bodily injuries.

3. When the matter is taken up for consideration,

learned counsel for the petitioners submitted that the matter stands settled between themselves and respondents 2 to 6. Respondents 2 to 6 entered appearance through counsel, and submitted that the matter stands settled. Annexures A3 to A7 are the affidavits filed by them, endorsing the settlement. Neither they have any intention to proceed with the prosecution nor any objection in quashing Annexure A2 final report in C.C.No.1979 of 2020.

4. On instructions, learned Public Prosecutor submitted

that the matter is settled and he produced signed statements of respondents 2 to 6. In those statements also, they have stated that they are not intending to proceed with the prosecution, and they have no objection in quashing Annexure A2 final report in C.C.No.1979 of 2020.

5. Since the matter stands settled, no purpose would be served by continuing the prosecution against the petitioners.

6. In the light of the principles laid down by the Apex

Court in Gian Singh v. State of Punjab and Another; [(2012) 10 SCC 303)], and State of Madhya Pradesh v. Laxmi Narayan and Others; [(2019) 5 SCC 688], this Court is of the view that the proceedings against the petitioners can be quashed on the basis of settlement. In the result, this Crl.MC is allowed, and Annexure A2 final report in C.C.No.1979 of 2020 on the file of Judicial First Class Magistrate Court, Njarakkal, stands quashed.

Sd/- SOPHY THOMAS JUDGE SSK/25/01 APPENDIX OF CRL.MC 8996/2023 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIR DATED 09/11/2020 IN CRIME NO. 1159/2020 NJARAKAL POLICE STATION Annexure A2 CERTIFIED COPY OF THE FINAL REPORT DATED 12/11/2020 IN C.C. NO. 1979/2020 ON THE FILE OF HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, NARACKAL

Annexure A3 THE AFFIDAVIT OF 2ND RESPONDENT/INFORMANT/CW1 Annexure A4 THE AFFIDAVIT OF 3RD RESPONDENT/CW2 Annexure A5 THE AFFIDAVIT OF 4TH RESPONDENT/CW3. Annexure A6 THE AFFIDAVIT OF 5TH RESPONDENT/CW4 Annexure A7 THE AFFIDAVIT OF 6TH RESPONDENT/CW5

Same Court & Year Kerala · 2024 Same Parties Jose Mon vs State of Kerala Same Judge Honourable Mrs. Justice Sophy Thomas