Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 7TH DAY OF DECEMBER 2023 / 16TH AGRAHAYANA, 1945 CRL.MC NO. 2037 OF 2016 CRIME NO.1223/2015 OF EAST KALLADA POLICE STATION, KOLLAM AGAINST THE ORDER/JUDGMENT CC 3031/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, KOLLAM PETITIONERS/ACCUSED:
1 KHAN S.A. AGED 29 YEARS, S/O.NAZARUDEEN, RESIDING AT MADHAVAM VEEDU, SAKTHI NAGAR 71(A), WEST OF KARICODU RAILWAY STATION, MANGADU VILLAGE, KOLLAM. 2 JAINU AGED 34 YEARS, S/O.RAMACHANDRAN PILLAI, RESIDING AT KULANGARA VEEDU, NEAR PATTAMPALAM, PADINJARE KALLADA VILLAGE, KOLLAM. 3 TEENA THANKACHAN AGED 34 YEARS, W/O.JACOB T.CHACKO, RESIDING AT THENGARA VEEDU, NEAR PARAYIL THODU, MULLAVANA VILLAGE, KOLLAM. BY ADV SRI.S.SREEKUMAR (KOLLAM)
RESPONDENTS/STATE AND ANOTHER: 1 STATE OF KERALA REPRESENTED THE SUB INSPECTOR OF POLICE, EAST KALLADA POLICE STATION, KOLLAM DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, AT ERNAKULAM. 2 MR.SUJITH PHILIP AGED 25 YEARS, S/O.PHILIP, RESIDING AT PLAVILLA PUTHEN VEEDU, NEAR PARAYIL THODU, MULLAVANA VILLAGE, KOLLAM, PIN-691 503. 3 MR.LIJO K.REJI AGED 24 YEARS, S/O.REJIMON, RESIDING AT LIJO BHAVAN, NEAR PARUTHAMPARA CASHEW FACTORY, MULLAVANA VILLAGE MUKOOTTU PO, KOLLAM, PIN-691 503. BY ADV. SRI HRITHWIK CS, PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.12.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
-------------------------------- Crl.M.C. No.2037 of 2016 --------------------------------------- Dated this the 07th day of December, 2023
ORDER
This Criminal Miscellaneous Case is filed under Section 482 of the Code of Criminal Procedure, 1973 (“the Code” for the sake of brevity).
2. The petitioners are the accused in CC
No.3031/2015 on the file of Judicial First Class Magistrate Court - I, Kollam arising from Crime No.1223/2015 of East Kallada Police Station. The above case is charge sheeted against the petitioners alleging offences punishable under Sections 452, 294(b), 323, 341, 365, 357, 324, 368 r/w 34 of IPC.
3. This case is pending before this Court from
2016 onwards. This Court directed the Registry to get a report from the trial court about the present stage of the case. The trial court submitted a report in which it is stated that the case is pending and summons is issued to the accused. It is also submitted that the case is now pending before the Judicial First Class Magistrate Court, Sasthamcotta.
4. The learned Public Prosecutor after getting
instruction submitted that a statement is recorded from the victims and the victims submitted that they have no grievance against the petitioners. If that be the case, this Crl.MC need not be retained here. Moreover, in the light of the principles laid down by this Court in State of Madhya Pradesh v. Laxmi Narayan and Others (2019 (5) SCC 688), Gian Singh v. State of Punjab and another (2012 (10) SCC 303) and Narinder Singh and others v. State of Punjab and another (2014 (6) SCC 466) , this Criminal Miscellaneous Case can be quashed based on settlement. Therefore, this Criminal Miscellaneous Case is allowed. All further proceedings against the petitioners in CC No.417/2015 on the file of Judicial First Class Magistrate Court, Sasthamcotta arising from Crime No.1223/2015 of East Kallada Police Station, are quashed. Sd/- P.V.KUNHIKRISHNAN nvj JUDGE APPENDIX OF CRL.MC 2037/2016 PETITIONER ANNEXURES ANNEXURE A1 : A TRUE COPY OF THE CHARGE IN
CC.NO.3031 OF 2015 (CRIME NO.1223 OF 2015 OF EAST KALLADA POLICE STATION) ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOLLAM. ANNEXURE A2 : A TRUE COPY OF THE AFFIDAVIT FILED BY THE 3RD RESPONDENT (VICTIM/CW-2) IN CC NO.3031 OF 2015 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOLLAM DISTRICT. RESPONDENTS EXHIBITS :NIL //TRUE COPY// PA TO JUDGE