Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945 CRL.MC NO. 7166 OF 2023 CC 684/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PERINTHALMANNA Crime No.913 of 2020 of Perinthalmanna Police Station, Malappuram PETITIONERS/ACCUSED 2 AND 3: 1 SAJU AGED 23 YEARS S/O VIJAYAN, VARENGAL HOUSE, PAYYANADAM POST, MANNARKAD, PALAKKAD, PIN - 678583 2 SARITHA AGED 49 YEARS W/O VIJAYAN, VARENGAL HOUSE, PAYYANADAM POST, MANNARKAD, PALAKKAD, PIN - 678583 BY ADVS. THAREEQ ANVER K. K.SALMA JENNATH ARUN CHAND RASSAL JANARDHANAN A. RESPONDENTS/STATE & VICTIMS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 ANIL AGED 29 YEARS S/O SIVADASAN, VARENGAL HOUSE, ALIPPARAMBA POST, PERINTHALMANNA, MALAPPURAM, PIN - 679357 3 SANAL AGED 35 YEARS S/O SIVADASAN, VARENGAL HOUSE, ALIPPARAMBA POST, PERINTHALMANNA, MALAPPURAM, PIN - 679357 4 SAROJINI AGED 59 YEARS W/O SIVADASAN, VARENGAL HOUSE, ALIPPARAMBA POST, PERINTHALMANNA, MALAPPURAM, PIN - 679357 5 SIVADASAN AGED 67 YEARS S/O CHATHU, VARENGAL HOUSE, ALIPPARAMBA POST, PERINTHALMANNA, MALAPPURAM, PIN - 679357 OTHER PRESENT: SRI.G SUDHEER (PP) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.09.2023, ALONG WITH CRL.M.C.NO.7168/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945 CRL.MC NO. 7168 OF 2023 CC 683/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PERINTHALMANNA Crime No.912 of 2020 of Perinthalmanna Police Station, Malappuram PETITIONERS/accused 1 to 3: 1 SIVADASAN AGED 67 YEARS S/O CHATHU, VARENGAL HOUSE, ALIPPARAMBA POST, PERINTHALMANNA, MALAPPURAM, PIN - 679357 2 SANAL AGED 35 YEARS S/O SIVADASAN, VARENGAL HOUSE, ALIPPARAMBA POST, PERINTHALMANNA, MALAPPURAM, PIN - 679357 3 ANIL AGED 29 YEARS S/O SIVADASAN, VARENGAL HOUSE, ALIPPARAMBA POST, PERINTHALMANNA, MALAPPURAM, PIN - 679357 BY ADV P.R.AJAY RESPONDENTS/STATE & VICTIMS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 SAJU AGED 23 YEARS S/O VIJAYAN, VARENGAL HOUSE, PAYYANADAM POST, MANNARKAD, PALAKKAD, PIN - 678583 3 SARITHA AGED 50 YEARS W/O VIJAYAN, VERANGAL HOUSE, PAYYANADAM POST, MANNARKKADU, PALAKKAD 678583 BY ADVS. THAREEQ ANVER K. K.SALMA JENNATH ARUN CHAND RASSAL JANARDHANAN A. OTHER PRESENT: SRI. NOUSHAD K A (SR PP) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.09.2023, ALONG WITH CRL.M.C.7166/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
The petitioners in Crl.M.C.No.7166 of 2023 are the accused in Crime No.913 of 2020 of Perinthalmanna Police Station, Malappuram, which is now pending as C.C.No.684 of 2020 before the Judicial First Class Magistrate’s Court-I, Perinthalmanna, alleging commission of offences under Sections 341 and 324 r/w Section 34 of the Indian Penal Code. The petitioners in Crl.M.C.No.7168 of 2023 are the accused in Crime No.912 of 2020 of Perinthalmanna Police Station, Malappuram, which is now pending as C.C.No.683 of 2020 before the Judicial First Class Magistrate’s Court-I, Perinthalmanna, alleging commission of offences under Sections 341, 323, 324 and 506(ii) r/w Section 34 of the Indian Penal Code.
2. The petitioners in these cases are stated to be
relatives. The disputes between them relate to property. After the registration of the above crimes, the parties have settled all disputes between themselves. While Crime No.912 of 2020 was registered at the instance of the petitioners in Crl.M.C.No.7166 of 2023, Crime No.913 of 2020 was registered at the instance of the petitioners in Crl.M.C.No.7168 of 2023. All the accused and all the complainants are, therefore, parties to these proceedings, though one of the accused in Crime No.913 of 2020 has since died.
3. The learned counsel appearing for the parties
and the learned Public Prosecutor would confirm that the issues
have been settled between the parties.
4. Having heard the learned counsel appearing for
the respective parties and the learned Public Prosecutor, and keeping in mind the law laid down by the Supreme Court in Gian Singh v. State of Punjab; (2012) 10 SCC 303 and State of M.P. v. Laxmi Narayan; (2019) 5 SCC 688, I am of the view that the proceedings against the petitioners in both these cases can be quashed on the ground of settlement. No public purpose would be served by continuing with the proceedings against the petitioners in these petitions. The chance of a successful prosecution are also minimal in the light of the settlement arrived at between the parties. In the result, both these petitions are allowed and all further proceedings in C.C.No.684 of 2020 before the Judicial First Class Magistrate’s Court-I, Perinthalmanna will stand quashed against the petitioners in Crl.M.C.No.7166 of 2023 and all further proceedings in C.C.No.683 of 2020 before the Judicial First Class Magistrate’s Court-I, Perinthalmanna will stand quashed against the petitioners in Crl.M.C.No.7168 of 2023. Sd/- GOPINATH P., JUDGE rkj APPENDIX OF CRL.MC 7166/2023 PETITIONER ANNEXURES Annexure 1 THE CERTIFIED COPY OF FINAL REPORT
NO.845/2020 DATED 20/11/2020 OF PERINTHALMANNA POLICE STATION IN C.C. CLASS MAGISTRATE'S COURT - I, PERINTHALMANNA Annexure 2 THE AFFIDAVIT DATED 09/06/2023 SWORN BY THE RESPONDENTS 2 TO 5 APPENDIX OF CRL.MC 7168/2023 PETITIONER ANNEXURES Annexure 1 THE CERTIFIED COPY OF FINAL REPORT NO.839/2020 DATED 13/11/2020 OF PERINTHALMANNA POLICE STATION IN C.C. CLASS MAGISTRATE'S COURT - I, PERINTHALMANNA Annexure 2 THE AFFIDAVIT DATED 10/07/2023 SWORN BY THE 2ND RESPONDENT Annexure 3 THE AFFIDAVIT DATED 27/07/2023 SWORN BY THE 3RD RESPONDENT