CRL.MC Nos.7061 & 7074 of 2023, High Court of Kerala

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. ``` ``` TUESDAY, THE 10[TH] DAY OF OCTOBER 2023 / 18TH ASWINA, 1945 CRL.MC NO. 7061 OF 2023 ``` ## **`IN ST 307/2020 ON THE FILE OF THE GRAMA NYAYALAYA, AZHUTHA AT PEERUMEDU CRIME NO.934/2020 OF KUMILY POLICE STATION, IDUKKI DISTRICT`** ## **`PETITIONERS/ACCUSED NOS 1 AND 2:`** ``` 1LIJO GEORGE AGED 39 YEARS, S/O. GEORGE, PUTHUPARAMBIL HOUSE KOLLAMPETTADA, KUMILY VILLAGE, PEERMADE TALUK, IDUKKI DISTRICT, PIN – 685 509. ``` ``` 2JIJO GEORGE AGED 41 YEARS, S/O. GEORGE, PUTHUPARAMBIL HOUSE AMARAVATHY, KUMILY VILLAGE, PEERMADE TALUK, IDUKKI DISTRICT, PIN – 685 509. ``` ``` BY ADVS. G.HARIHARAN SHINE VARGHESE PRAVEEN.H. K.S.SMITHA V.R.SANJEEV KUMAR BIJOY SAM GEORGE ``` ## **`RESPONDENTS/STATE/COMPLAINANT & DEFACTO COMPLAINANT:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031. ``` ``` 2STATION HOUSE OFFICER KUMILY POLICE STATION, KUMILY, IDUKKI DISTRICT, PIN – 685 509. ``` ``` 3JESSY REJI W/O REJI, AGED 53 YEARS, EDAYANCHALIL HOUSE, ILLIMOODU, AMARAVATHY, KUMILY VILLAGE, PEERMADE TALUK, IDUKKI DISTRICT, PIN – 685 509. ``` ``` Crl.MC NOS.7061 & 7074 OF 2023 ``` ``` -2- ``` ``` 4REJI SEBASTIAN, S/O. DEVASIA, AGED 57 YEARS, EDAYACHALIL HOUSE, ILLIMOODU, AMARAVATHY, KUMILY VILLAGE,PEERMADE TALUK, IDUKKI DISTRICT, PIN – 685 509. 5JERIN JACOB S/O. REJI SEBASTIAN, AGED 27 YEARS, EDAYACHALIL HOUSE, ILLIMOODU, AMARAVATHY, KUMILY VILLAGE, PEERMADE TALUK, IDUKKI DISTRICT, PIN – 685 509. ``` ``` BY ADVS. N.P.SILPA SUBYMOL K.J.(K/679/2005) VIPIN NARAYAN (SR PP) ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.10.2023, ALONG WITH Crl.MC.7074/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` Crl.MC NOS.7061 & 7074 OF 2023 ``` ``` -3- ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE GOPINATH P. ``` ``` TUESDAY, THE 10[TH] DAY OF OCTOBER 2023 / 18TH ASWINA, 1945 CRL.MC NO. 7074 OF 2023 ``` ``` IN ST 317/2020 ON THE FILE OF THE GRAMA NYAYALAYA, AZHUTHA AT ``` ## **`PEERUMEDU`** ``` CRIME NO.935/2020 OF KUMILY POLICE STATION, IDUKKI DISTRICT ``` ## **`PETITIONERS/ACCUSED NOS.1, 2 AND 3:`** ``` 1REJI SEBASTIAN AGED 57 YEARS, S/O. DEVASIA, EDAYACHALIL HOUSE, ILLIMOODU, AMARAVATHY, KUMILY VILLAGE, PEERMADE TALUK, IDUKKI DISTRICT, PIN – 685 509. 2JERIN JACOB AGED 28 YEARS, S/O. REJI SEBASTIAN, EDAYACHALIL HOUSE, ILLIMOODU, AMARAVATHY, KUMILY VILLAGE, PEERMADE TALUK, IDUKKI DISTRICT, PIN – 685 509. 3JESSY REJI AGED 53 YEARS, W/O. REJI, EDAYACHALIL HOUSE, ILLIMOODU, AMARAVATHY, KUMILY VILLAGE, PEERMADE TALUK, IDUKKI DISTRICT, PIN – 685 509. BY ADVS. N.P.SILPA SUBYMOL K.J. ``` ## **`RESPONDENTS/STATE/COMPLAINANT AND DEFACTO COMPLAINANT:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031. 2STATION HOUSE OFFICER ``` ``` Crl.MC NOS.7061 & 7074 OF 2023 ``` ``` -4- ``` ``` KUMILY POLICE STATION, KUMILY, IDUKKI DISTRICT, PIN – 685 509. 3MR.LIJO GEORGE AGED 39 YEARS,S/O. GEORGE, PUTHUPARAMBIL HOUSE, KOLLAMPATTADA, KUMILY VILLAGE, PEERMADE TALUK, IDUKKI DISTRICT, PIN – 685 509. 4JIJO GEORGE AGED 41 YEARS, S/O. GEORGE, PUTHUPARAMBIL HOUSE, AMARAVATHY KARA, KUMILY VILLAGE, PEERMADE TALUK, IDUKKI DISTRICT, PIN – 685 509. ``` ``` BY ADVS. G.HARIHARAN SHINE VARGHESE(K/3442/1999) PRAVEEN.H.(K/1441/2002) K.S.SMITHA(K/106/2012) V.R.SANJEEV KUMAR(K/000741/2017) BIJOY SAM GEORGE(K/89/2023) G. SUDHEER (PP) ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.10.2023, ALONG WITH Crl.MC.7061/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` Crl.MC NOS.7061 & 7074 OF 2023 ``` ``` -5- ``` ## **ORDER** ## **`[Crl.MC Nos.7061 and 7074 of 2023]`** Crl.M.C.No.7061/2023 has been filed seeking to quash all further proceedings in Crime No.934/2020 of Kumily Police Station, Idukki district, alleging commission of offences under Sections 294(b), 323, 451, 506(l) r/w Section 34 of the Indian Penal Code. Crl.M.C.No.7074/2023 has been filed seeking to quash all further proceedings in Crime No.935/2020 of Kumily Police Station, Idukki district, alleging commission of offences under Sections 294(b), 323 r/w Section 34 of the Indian Penal Code. The proceedings in Crime No.934/2020 are pending as S.T.No.307/2020 on the file of the Grama Nyayalaya, Azhutha, Peermade Taluk, while the proceedings in Crime No.935/2020 are pending as S.T.No.317/2020 on the file of the Grama Nyayalaya, Azhutha, Peermade Taluk. The first petitioner in Crl.M.C. No.7061/2023 is the defacto complainant in Crime No.935/2020 of Kumily Police Station , while the 3[rd] petitioner in Crl.M.C.No.7074/2023 is the defacto complainant in ``` Crl.MC NOS.7061 & 7074 OF 2023 ``` **==> picture [22 x 9] intentionally omitted <==** ## Crime No.934/2020 of Kumily Police Station. 2. The learned counsel appearing for the respective petitioners, the learned counsel appearing for the respective defacto complainants as well as the learned Public Prosecutor would submit that all issues between the respective petitioners and the respective defacto complainants have been settled. It is submitted that the defacto complainants in the respective cases do not wish to continue with the prosecution in any manner. 3. Having heard the learned counsel appearing for the respective petitioners, the learned counsel appearing for the respective defacto complainants and the learned Public Prosecutor, I am of the view that the proceedings against the petitioners in these cases 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 in these cases. 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 ``` Crl.MC NOS.7061 & 7074 OF 2023 ``` **==> picture [22 x 9] intentionally omitted <==** 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 in these cases, the proceedings can be quashed on the basis of settlement. Accordingly, these Crl.M.C are allowed and all further proceedings in S.T.No.307/2020 on the file of the Grama Nyayalaya, Azhutha, Peermade Taluk, (arising out of Crime No.934/2020 of Kumily Police Station, Idukki district) and in S.T.No.317/2020 on the file of the Grama Nyayalaya, Azhutha, Peermade Taluk (arising out of Crime No.935/2020 of Kumily Police Station, Idukki district) will stand quashed as against the respective petitioners. **==> picture [244 x 50] intentionally omitted <==** **Sd/GOPINATH P. JUDGE** ats ``` Crl.MC NOS.7061 & 7074 OF 2023 ``` ``` -8- ``` ## **`APPENDIX OF CRL.MC 7074/2023`** - `PETITIONERS’ ANNEXURES` - `Annexure I CERTIFIED COPY OF THE FIR REGISTERED IN CONNECTION WITH CRIME NO.935/2020 OF KUMILY POLICE STATION` - `Annexure II CERTIFIED COPY OF THE FINAL REPORT NO. 969/2020 DATED 06.07.2020 IN CRIME NO.935/2020 OF KUMILY POLICE STATION FILED BEFORE THE GRAMA NYAYALAYA AT AZHUTHA IN PEERMADE TALUK, IDUKKI DISTRICT` - `Annexure III A TRUE COPY OF THE AFFIDAVIT SWORN IN BY MR.LIJO GEORGE ON 22.08.2023` - `Annexure IV A TRUE COPY OF THE AFFIDAVIT SWORN IN BY MR.JIJO GEORGE ON 22.08.2023` - `Annexure V A TRUE COPY OF THE FIR REGISTERED IN CONNECTION WITH CRIME NO. 934/2020 OF KUMILY POLICE STATION` ``` Annexure VIA TRUE COPY OF THE FINAL REPORT FILED IN CONNECTION WITH S.T. NO. 307/2020 BEFORE THE HON'BLE GRAMA NYAYALAYA AT AZHUTHA, PEERMADE TALUK, IDUKKI DISTRICT ``` ``` Crl.MC NOS.7061 & 7074 OF 2023 ``` ``` -9- ``` ## **`APPENDIX OF CRL.MC 7061/2023`** - `PETITIONERS’ ANNEXURES` - `Annexure I CERTIFIED COPY OF THE FIR REGISTERED IN CONNECTION WITH CRIME NO.934/2020 OF KUMILY POLICE STATION` - `Annexure II CERTIFIED COPY OF THE FINAL REPORT NO. 968/2020 DATED 27.06.2020 FILED BEFORE THE GRAMA NYAYALAYA AT AZHUTHA IN PEERMADE TALUK, IDUKKI DISTRICT` - `Annexure III A TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 3RD RESPONDENT SMT.JESSY REJI DATED 22.08.2023` - `Annexure IV A TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 4TH RESPONDENT MR.REJI SEBASTIAN, DATED 22.08.2023` - `Annexure V A TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 5TH RESPONDENT MR.JERIN JACOB, DATED 22.08.2023` - `Annexure VI A TRUE COPY OF THE FIR REGISTERED IN CONNECTION WITH CRIME NO. 935/2020 OF KUMILY POLICE STATION` - `Annexure VII A TRUE COPY OF THE FINAL REPORT FILED IN CONNECTION WITH S.T. NO. 317/2020 BEFORE THE HON'BLE GRAMA NYAYALAYA AT AZHUTHA, PEERMADE TALUK, IDUKKI DISTRICT`