Bijeesh vs Sumithra - Court Judgment

SooperKanoon Citationsooperkanoon.com/1298141
CourtKerala High Court
Decided OnFeb-01-2024
Case NumberCrl.MC/6259/2023
JudgeHonourable Mrs. Justice Sophy Thomas
AppellantBijeesh
RespondentSumithra
Excerpt:
in the high court of kerala at ernakulampresent the honourable mrs. justice sophy thomas thursday, the 1st day of february 2024 / 12th magha, 1945 crl.mc no. 6259 of 2023 crime no.3/2022 of nadapuram police station, kozhikode petitioner/accused: bijeesh aged 35 years s/o kumaran, nayeeranthavida house, mudavantheri, tuneri p.o., vatakara taluk, kozhikode district., pin - 673517 by advs. k.n.abhilash sunil nair palakkat respondents/state & defacto complainant:1 sumithra aged 50 years w/o kunhikannan, kalam poliyankandi house, p.o. 2 ramil thundiyil aged 30 years s/o kunhikannn, kalam poliyankandi house, p.o. 3 kunhikannan aged 64 years s/o pokkan, kalam poliyankandi house, p.o. 4 state of kerala represented by public prosecutor,high court of kerala, pin - 682031 5 the station house officer nadapuram police station, nadapuram, kozhikode district, pin - 673504 ..2..by advs. lakshmanan t j e.hareesh(k/564/2000) sr.pp-sri.renjit george this criminal misc. case having come up for admission on 01.02.2024, the court on the same day passed the following: ..3.. sophy thomas, j ========================= ========================== dated this the 1st day of february, 2024orderthis crl.m.c. under section 482 of cr pc is filed by the accused in crime no.3/2022 of nadapuram police station, kozhikode, registered under sections 341, 323, 324 and 448 of ipc, which is now pending as c.c.no.674/2022 on the file of judicial first class magistrate court, nadapuram, kozhikode, for quashing annexure a2 final report/charge sheet.2. the prosecution allegation is that, the accused trespassed into the varandha of the house of the respondents 1 to 3, and assaulted them, causing bodily injuries.3. when the matter is taken up for consideration,learned counsel for the petitioner would submit that, the matter has been amicably settled and they produced annexure a4 to a6 affidavits filed by the de-facto complainant and other injured, stating that the entire dispute has been settled, and they are not intending to prosecute this matter any further.4. learned public prosecutor obtained instructions..4.. regarding the settlement, and produced signed statement of the affected parties, in which they have stated that, they have no objection in quashing annexure a2 final report/charge sheet, and the proceedings pursuant thereto. since the matter stands settled, this court is of the view that, there is no purpose in proceeding with the criminal prosecution initiated against the petitioner.5. in the light of the principles laid down by thesupreme court in gian singh v. state of punjab and another [(2012) 10 scc 303] and state of madhya pradesh v. laxmi narayanan and others [(2019) 5 scc 688], this court is of the view that the proceedings can be quashed on the basis of settlement. in the result, this criminal miscellaneous case is allowed, and annexure a2 final report/charge sheet in c.c.no.674/2022 on the file of judicial first class magistrate court, nadapuram, kozhikode, stands quashed. sd/- sophy thomas judge acr ..5.. appendix of crl.mc 6259/2023 petitioner annexures annexure -a1 the certified copy of the fir no- nadapuram police station, kozhikode rural annexure-a2 certified copy of the finalreport/charge sheet no. 167/2022 dated files of hon'ble judicial first class magistrate court, nadapuram, kozhikode district in crime no. 3/2022 of the nadapuram police station annexure-a3 certified copy of the witness list in charge in cc no. 674/2022 on the files of hon'ble judicial first class magistrate, nadapuram, kozhikode district annexure-a4 the affidavit executed by the 1st respondent dated 13/06/2023 annexure-a5 the affidavit executed by the 2nd respondent dated 15/07/2023 annexure-a6 the affidavit executed by the 3rd respondent dated 13/06/2023
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 CRL.MC NO. 6259 OF 2023 CRIME NO.3/2022 OF Nadapuram Police Station, Kozhikode PETITIONER/ACCUSED: BIJEESH AGED 35 YEARS S/O KUMARAN, NAYEERANTHAVIDA HOUSE, MUDAVANTHERI, TUNERI P.O., VATAKARA TALUK, KOZHIKODE DISTRICT., PIN - 673517 BY ADVS. K.N.ABHILASH SUNIL NAIR PALAKKAT RESPONDENTS/STATE & DEFACTO COMPLAINANT:

1 SUMITHRA AGED 50 YEARS W/O KUNHIKANNAN, KALAM POLIYANKANDI HOUSE, P.O. 2 RAMIL THUNDIYIL AGED 30 YEARS S/O KUNHIKANNN, KALAM POLIYANKANDI HOUSE, P.O. 3 KUNHIKANNAN AGED 64 YEARS S/O POKKAN, KALAM POLIYANKANDI HOUSE, P.O. 4 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 5 THE STATION HOUSE OFFICER NADAPURAM POLICE STATION, NADAPURAM, KOZHIKODE DISTRICT, PIN - 673504 ..2..

BY ADVS. Lakshmanan T J E.HAREESH(K/564/2000) SR.PP-SRI.RENJIT GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ..3.. SOPHY THOMAS, J ========================= ========================== Dated this the 1st day of February, 2024

ORDER

This Crl.M.C. under Section 482 of Cr PC is filed by the accused in Crime No.3/2022 of Nadapuram Police Station, Kozhikode, registered under Sections 341, 323, 324 and 448 of IPC, which is now pending as C.C.No.674/2022 on the file of Judicial First Class Magistrate Court, Nadapuram, Kozhikode, for quashing Annexure A2 final report/Charge Sheet.

2. The prosecution allegation is that, the accused trespassed into the varandha of the house of the respondents 1 to 3, and assaulted them, causing bodily injuries.

3. When the matter is taken up for consideration,

learned counsel for the petitioner would submit that, the matter has been amicably settled and they produced Annexure A4 to A6 affidavits filed by the de-facto complainant and other injured, stating that the entire dispute has been settled, and they are not intending to prosecute this matter any further.

4. Learned Public Prosecutor obtained instructions

..4.. regarding the settlement, and produced signed statement of the affected parties, in which they have stated that, they have no objection in quashing Annexure A2 final report/Charge Sheet, and the proceedings pursuant thereto. Since the matter stands settled, this Court is of the view that, there is no purpose in proceeding with the criminal prosecution initiated against the petitioner.

5. In the light of 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 Narayanan and others [(2019) 5 SCC 688], this Court is of the view that the proceedings can be quashed on the basis of settlement. In the result, this Criminal Miscellaneous Case is allowed, and Annexure A2 final report/Charge Sheet in C.C.No.674/2022 on the file of Judicial First Class Magistrate Court, Nadapuram, Kozhikode, stands quashed. Sd/- SOPHY THOMAS JUDGE ACR ..5.. APPENDIX OF CRL.MC 6259/2023 PETITIONER ANNEXURES Annexure -A1 THE CERTIFIED COPY OF THE FIR NO- NADAPURAM POLICE STATION, KOZHIKODE RURAL Annexure-A2 CERTIFIED COPY OF THE FINAL

REPORT/CHARGE SHEET NO. 167/2022 DATED FILES OF HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, NADAPURAM, KOZHIKODE DISTRICT IN CRIME NO. 3/2022 OF THE NADAPURAM POLICE STATION Annexure-A3 CERTIFIED COPY OF THE WITNESS LIST IN CHARGE IN CC NO. 674/2022 ON THE FILES OF HON'BLE JUDICIAL FIRST CLASS MAGISTRATE, NADAPURAM, KOZHIKODE DISTRICT Annexure-A4 THE AFFIDAVIT EXECUTED BY THE 1ST RESPONDENT DATED 13/06/2023 Annexure-A5 THE AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT DATED 15/07/2023 Annexure-A6 THE AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT DATED 13/06/2023