Cletus vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 30, 2019

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Citation: sooperkanoon.com/1874761
Court: Kerala High Court
Judge: Honourable Mr. Justice Alexander Thomas
Decided On: Jul 30, 2019
Case Number: Crl.MC/1617/2019

Parties & Advocates

Appellant / Petitioner

Cletus

Respondent

State of Kerala

Excerpt

.....341, 323, 324, 34 of the i.p.c., which has led to the institution of calender case, c.c. no.77/2018 on the file of the temporary jfmc, chavara. it is stated that now the entire disputes between the petitioners and the 2nd, 3rd and 4th respondents defacto complainant have been settled amicably and that the 2nd, 3rd and 4th respondents has sworn to anx.a2, a3 and a4 affidavit before this court, wherein it is stated that they had settled the entire disputes with the petitioners and that they have no objection for quashment of the impugned criminal proceedings pending against the petitioners. it is in the light of these aspects that the petitioners have preferred the instant crl.m.c. with the prayer to quash the impugned criminal proceedings against them.2. in a catena of decisions, the apex court has held that, in appropriate cases involving even non-compoundable offences, the highcrl.mc.no.1617 of 2019 4 court can quash prosecution by exercise of the powers under sec.482 of the cr.p.c., if the parties have really settled the whole dispute or if the continuance of the prosecution will not serve any purpose. here, this court finds a real case of settlement between the parties and it is also found that continuance of the prosecution in such a situation will not serve any purpose other than wasting the precious time of the court, when the case ultimately comes before the court. on a perusal of the petition and on a close scrutiny of the investigation materials on record and the affidavit of settlement and taking into account the attendantfacts and circumstances of this case, this court is of the consideredopinion that the legal principles laid down by the apex court in the cases as in gian singh v. state of punjab reported in 2013 (1) scc (cri) 160 = (2012) 10 scc 303 and narinder singh and others v. state of punjab and anr. reported in (2014) 6 scc 466, more particularly paragraph 29 thereof, could be applied in this case to consider the prayer for quashment.3......

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUESDAY, THE 30TH DAY OF JULY 2019 / 8TH SRAVANA, 1941 Crl.MC.No.1617 of 2019 CC 77/2018 of JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVARA CRIME NO.2206/2017 OF Chavara Thekkumbhagom Police Station , Kollam PETITIONERS/ACCUSED 1 to 4:

1 CLETUS, AGED 53 YEARS, S/O.JOSEPH, JINCY NIVAS, THEKKUMBHAGAM VILLAGE, CHAVARA SOUTH.P.O., KOLLAM, PIN-691 584. 2 JOPHIN, AGED 42 YEARS, S/O.CLETUS,JINCY NIVAS, THEKKUMBHAGAM VILLAGE, CHAVARA SOUTH.P.O., KOLLAM, PIN-691584. 3 LIJO, AGED 25 YEARS, S/O.BABU, KALLUMPURATHU, THEKKUMBHAGAM VILLAGE, CHAVARA SOUTH.P.O., KOLLAM, PIN-691 584. 4 JEPHERSON, AGED 25 YEARS, S/O.JOSEPH GONSALVAZ, AJ NIVAS, THEKKUMBHAGAM VILLAGE, CHAVARA SOUTH.P.O., BY ADV. SRI.AJAYA KUMAR. G

RESPONDENTS/STATE & CW1 TO CW3: 1 STATE OF KERALA REPRESENTED PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2 ADARSH, AGED 18 YEARS, S/O.YESUDASAN, MOONNUUMOOLA VADAKKATHIL VEEDU, Crl.MC.No.1617 of 2019 2 3 ANNAKKUTTY, AGED 42 YEARS, W/O.YESUDASAN, MOONNUMOOLA VADAKKATHIL VEEDU, KOLLAM PIN-691 584. 4 VICTORIYA, AGED 73 YEARS, W/O.STEPHAN, MOONNUMOOLA VADAKKATHIL VEEDU, BY ADVS. SRI.T.R.RENJITH, PUBLIC PROSECUTOR FOR R1, SRI.M.JAYAKRISHNAN FOR R2 TO R4 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No.1617 of 2019 3

ALEXANDER THOMAS, J.

================== Crl.M.C.No. 1617 of 2019 ================== Dated this the 30th day of July, 2019

ORDER

The petitioners herein are the accused in the impugned Anx.A1 Final Report in Crime No.2206/2017 of Chavara Thekkumbhagom Police Station, registered for offences punishable under Secs.294(b), 341, 323, 324, 34 of the I.P.C., which has led to the institution of Calender Case, C.C. No.77/2018 on the file of the Temporary JFMC, Chavara. It is stated that now the entire disputes between the petitioners and the 2nd, 3rd and 4th respondents defacto complainant have been settled amicably and that the 2nd, 3rd and 4th respondents has sworn to Anx.A2, A3 and A4 affidavit before this Court, wherein it is stated that they had settled the entire disputes with the petitioners and that they have no objection for quashment of the impugned criminal proceedings pending against the petitioners. It is in the light of these aspects that the petitioners have preferred the instant Crl.M.C. with the prayer to quash the impugned criminal proceedings against them.

2. In a catena of decisions, the Apex Court has held that, in appropriate cases involving even non-compoundable offences, the High

Crl.MC.No.1617 of 2019 4 Court can quash prosecution by exercise of the powers under Sec.482 of the Cr.P.C., if the parties have really settled the whole dispute or if the continuance of the prosecution will not serve any purpose. Here, this Court finds a real case of settlement between the parties and it is also found that continuance of the prosecution in such a situation will not serve any purpose other than wasting the precious time of the court, when the case ultimately comes before the court. On a perusal of the petition and on a close scrutiny of the investigation materials on record and the affidavit of settlement and taking into account the attendant

facts and circumstances of this case, this Court is of the considered

opinion that the legal principles laid down by the Apex Court in the cases as in Gian Singh v. State of Punjab reported in 2013 (1) SCC (Cri) 160 = (2012) 10 SCC 303 and Narinder Singh and others v. State of Punjab and anr. reported in (2014) 6 SCC 466, more particularly paragraph 29 thereof, could be applied in this case to consider the prayer for quashment.

3. Accordingly, it is ordered in the interest of justice that the

impugned Anx.A1 Final report in Crime No.2206 of 2017 of Chavara Thekkumbhagom Police Station, Kollam district, which which has led to the institution of Calender Case, C.C. No.77/2018 on the file of the Temporary JFMC, Chavara and all further proceedings arising therefrom pending against the accused persons will stand quashed.

Crl.MC.No.1617 of 2019 5 The petitioners will produce certified copies of this order before the investigating officer concerned and the competent court below concerned. The office of the Advocate General will forward copy of this

order to the investigating officer concerned for information.

With these observations and directions, the above Criminal Miscellaneous Case stands finally disposed of. Sd/- ALEXANDER THOMAS sru JUDGE Crl.MC.No.1617 of 2019 6

APPENDIX PETITIONER'S EXHIBITS: ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.2206/2017 OF CHAVARA THEKKUMBHAGOM POLICE STATION. ANNEXURE A2 AN AFFIDAVIT SWORN BY THE 2ND RESPONDENT. ANNEXURE A3 AN AFFIDAVIT SWORN BY THE 3RD RESPONDENT. ANNEXURE A4 AN AFFIDAVIT SWORN BY THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS:NIL

Same Court & Year Kerala · 2019 Same Parties Cletus vs State of Kerala Same Judge Honourable Mr. Justice Alexander Thomas