Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 10TH DAY OF OCTOBER 2023 / 18TH ASWINA, 1945 CRL.MC NO. 6387 OF 2023 TO QUASH THE FINAL REPORT IN CC 18/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -V, THIRUVANANTHAPURAM (SPECIAL COURT-MARKLIST CASES) CRIME NO.837/2022 OF MANNANTHALA POLICE STATION, THIRUVANANTHAPURAM DISTRICT PETITIONERS/ACCUSED NOS.1 AND 2: 1 SANGEETHA AGED 41 YEARS, D/O. MOHANAN, PATHIRAPALLY PUTUENVILA HOUSE, KUDAPPANAKUNNU PO, THIRUVANANTHAPURAM., PIN - 695 043. 2 MOHANAN AGED 68 YEARS, S/O. THANKAPPAN, ROHINI NIVAS, PUTHENVILA, KUDAPPANAKUNNU PO, THIRUVANANTHAPURAM, PIN - 695 043. BY ADVS. ANOOP JOSEPH ZERENE LINDA MITCHEL ASWANI THUVVAKKADAN V.C.SURESH BABU ATHULYA K. RESPONDENTS/STATE, DEFACTO COMPLAINANT & CHARGE WITNESS NO.5: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN - 682 031. 2 THE STATION HOUSE OFFICER MANNANTHALA POLICE STATION, THIRUVANANTHAPURAM CITY- THIRUVANANTHAPURAM, PIN - 695 012.
3 NIDHI D AGED 21 YEARS, D/O.DEEPTHI, AISWARYA HOUSE, NEAR PUTHENVILA DEVI TEMPLE, PATHIRAPPALLI, KUDAPPANAKUNNU PO, THIRUVANANTHAPURAM-695043, NOW AT THULASIDARAVILASAM, ABRA 421, ANOOR RESIDENCE ASSOCIATION, NEAR CSI CHURCH, MANGATTUKADAVU ROAD, THIRUMALA P.O., THIRUVANTHAPURAM-, PIN - 695 006. Crl.M.C. NO.6387 OF 2023 2 4 VINAYAK VIJAY RAJ AGED 21 YEARS, S/O. UMASANKAR AISWARYA HOUSE, NEAR PUTHENVILA DEVI TEMPLE, PATHIRAPPALLI, KUDAPPANAKUNNU PO, THIRUVANANTHAPURAM-695043, NOW AT THULASIDARAVILASAM, ABRA 421, ANOOR RESIDENCE ASSOCIATION, NEAR CSI CHURCH, MANGATTUKADAVU ROAD, THIRUMALA P.O., THIRUVANANTHAPURAM, PIN - 695 006. BY ADVS K.A.ROSEFLY G.SUDHEER (PP) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C. NO.6387 OF 2023 3
ORDER
Petitioners are the accused in Crime No.837/2022 of Mannanthala Police Station, Thiruvananthapuram District, alleging commission of offences under Sections 427 and 448 r/w Section 34 of the Indian Penal Code. The matter is now pending as C.C.No.18/2023 before the Judicial First Class Magistrate Court-V (Special Court for Mark list cases), Thiruvananthapuram.
2. Learned counsel appearing for the petitioners
would submit that the entire issues between the petitioners and respondents 3 and 4 have been settled. Learned counsel appearing for the petitioners also refers to Annexure-3 and Annexure-4 affidavits executed by
respondents 3 and 4 to establish that the entire issues
between the petitioners and respondents 3 and 4 have been settled and respondents 3 and 4 do not intend to continue with the proceedings against the petitioners.
3. The learned Public Prosecutor and the learned
counsel appearing for respondents 3 and 4 would confirm that the entire issues between the petitioners and Crl.M.C. NO.6387 OF 2023 4 respondents 3 and 4 have been settled and respondents 3 and 4 do not wish to continue with the prosecution in any manner.
4. Having heard the learned counsel for the
petitioners, the learned Public Prosecutor and the learned counsel for respondents 3 and 4, I am of the view that the proceedings against the petitioners can be terminated in exercise of the jurisdiction vested in this Court under Section 482 of Cr.P.C. No public interest will be served by continuing with the proceedings against the petitioners. The nature of the offences does not compel me to hold that the proceedings cannot be quashed on the ground of settlement. Further, keeping the principles laid down by the Supreme 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, I am of the view that considering the
nature of the offences alleged against the petitioners the proceedings can be quashed on the basis of settlement. Accordingly, this Crl.M.C. is allowed and all further proceedings in C.C.No.18/2023 before the Judicial First Crl.M.C. NO.6387 OF 2023 5 Class Magistrate Court-V (Special Court for Mark list cases), Thiruvananthapuram (arising out of Crime No.837/2022 of Mannanthala Police Station, Thiruvananthapuram District), will stand quashed as against the petitioners. Sd/- GOPINATH P. JUDGE ats Crl.M.C. NO.6387 OF 2023 6 APPENDIX OF CRL.MC 6387/2023 PETITIONERS’ ANNEXURES Annexure A1 A CERTIFIED COPY OF THE FIR IN CRIME NO. 837 OF 2022 REGISTERED BY THE 2ND RESPONDENT MANNANTHALA POLICE STATION, THIRUVANANTHAPURAM CITY Annexure 2 CERTIFIED COPY OF THE FINAL REPORT/CHARGE SHEET IN
THE ABOVE CRIME BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-V (SPECIAL COURT FOR MARK LIST CASES), THIRUVANANTHAPURAM AND THE SAME IS TAKEN ON FILE AS C.C. NO. 18/2023 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-V (SPECIAL COURT FOR MARK LIST CASES), THIRUVANANTHAPURAM Annexure 3 AFFIDAVIT OF THE DEFACTO COMPLAINANT Annexure 4 AFFIDAVIT OF THE RESPONDENT NO.4/ CHARGE WITNESS NO.5