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Biju, vs Ajosh Joseph,

BIJU, vs Ajosh Joseph,

Type Court Judgment Court Kerala Decided Mar 17, 2022
~3 min read
https://sooperkanoon.com/case/1442366

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Crl.MC/268/2022

Parties & Advocates

Appellant / Petitioner

BIJU,

Respondent

Ajosh Joseph,

Excerpt

.....no. 579 of 2020 on the file of the 2nd additional assistant sessions court, ernakulam which originated from the final report in crime no. 944 of 2019 of ernakulam town south police station registered on 27.05.2019 alleging offence punishable under section 308 read with section 34 of the ipc. it is submitted that the matter is settled and therefore petitioners seek quahment of the proceedings under section 482 of the cr.p.c.2. i heard the learned counsel for the petitioners and alsothe learned senior public prosecutor representing the 2 nd respondent. the learned senior public prosecutor has submitted that the 3rd petitioner is a history-sheeter and is in the rowdy list. therefore the investigating officer has opposed the application for quashing the proceedings.3. but the 1st respondent, the injured has stated in clear terms that the matter is settled; he did not sustain serious injuries in the occurrence and therefore he does not want to pursue the proceedings.4. the allegation against the petitioners is that on26.05.2019 at 16 hours the 1st accused had assaulted and injured the 1st respondent with a sword stick and caused injury on his left hand. as indicated earlier, in the affidavit the 1 st respondent has stated that he did not suffer serious injuries in the occurrence. obviously the matter is settled. so long as the prime witness and the injured do not want to pursue the proceedings, there is no purpose in continuing the proceedings. moreover, no public interest is involved and therefore this court cannot refuse to exercise its jurisdiction under section 482 of the cr.p.c. when parties themselves settle the matter out of court.5. therefore, entire proceedings in s.c. no. 579 of 2020on the file of the 2nd additional assistant sessions court, ernakulam are quashed and the petitioners shall stand exonerated. the criminal miscellaneous case is allowed as above. sd/- k. haripal judgermv/17/03/2022 appendix of crl.mc 268/2022 petitioner annexures annexure a1.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943 CRL.MC NO. 268 OF 2022 AGAINST THE ORDER/JUDGMENT IN SC 579/2020 OF II ADDITIONAL SUB COURT,ERNAKULAM PETITIONERS/ACCUSED Nos 1, 2 & 3:

1 BIJU, AGED 46 YEARS S/O.SUBRAMANYAN, VENGOTTUTHARA HOUSE, KONTHURUTHY, MATTAMMAM, 2 ANEESH.M.A., AGED 31 YEARS S/O.ARJUN.M.K., MAKKATHARA HOUSE, AMALABHAVAN ROAD, KADAVANTHRA, ERNAKULAM DISTRICT-682 020. 3 BAVESH.C.X., AGED 38 YEARS S/O.XAVIER, CHERAPURATHIL HOUSE, KOCHUKATTY LANE, KONTHURUTHY, BY ADV IEANS.C.CHAMAKKALA

RESPONDENTS/COMPLAINANT & STATE: 1 AJOSH JOSEPH, AGED 43 YEARS S/O.M.T.JOSEPH, MANAYATHU VEETTI, MAHATMA NAGAR, PANAMPILLY NAGAR, ERNAKULAM DISTRICT-682 036. 2 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. OTHER PRESENT: SR.PP - SMT. SREEJA V. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.03.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Petitioners are the accused in S.C. No. 579 of 2020 on the file of the 2nd Additional Assistant Sessions Court, Ernakulam which originated from the final report in Crime No. 944 of 2019 of Ernakulam Town South police station registered on 27.05.2019 alleging offence punishable under Section 308 read with Section 34 of the IPC. It is submitted that the matter is settled and therefore petitioners seek quahment of the proceedings under Section 482 of the Cr.P.C.

2. I heard the learned counsel for the petitioners and also

the learned Senior Public Prosecutor representing the 2 nd respondent. The learned Senior Public Prosecutor has submitted that the 3rd petitioner is a history-sheeter and is in the rowdy list. Therefore the Investigating Officer has opposed the application for quashing the proceedings.

3. But the 1st respondent, the injured has stated in clear terms that the matter is settled; he did not sustain serious injuries in the occurrence and therefore he does not want to pursue the proceedings.

4. The allegation against the petitioners is that on

26.05.2019 at 16 hours the 1st accused had assaulted and injured the 1st respondent with a sword stick and caused injury on his left hand. As indicated earlier, in the affidavit the 1 st respondent has stated that he did not suffer serious injuries in the occurrence. Obviously the matter is settled. So long as the prime witness and the injured do not want to pursue the proceedings, there is no purpose in continuing the proceedings. Moreover, no public interest is involved and therefore this Court cannot refuse to exercise its jurisdiction under Section 482 of the Cr.P.C. when parties themselves settle the matter out of court.

5. Therefore, entire proceedings in S.C. No. 579 of 2020

on the file of the 2nd Additional Assistant Sessions Court, Ernakulam are quashed and the petitioners shall stand exonerated. The Criminal Miscellaneous Case is allowed as above. Sd/- K. HARIPAL JUDGE

RMV/17/03/2022 APPENDIX OF CRL.MC 268/2022 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIS IN CRIME NO.944/2019 OF ERNAKULAM TOWN SOUTH POLICE STATION. Annexure A2 CERTIFIED COPY OF THE FIR IN CRIME NO.944/2019 OF ERNAKULAM TOWN SOUTH POLICE STATION, Annexure A3 CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO.944/2019 OF ERNAKULAM TOWN SOUTH POLICE STATION. Annexure A4 AFFIDAVIT OF THE 1ST RESPONDENT. TRUE COPY P.A.TO JUDGE

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