Lijo Paul and Lijin Paul v. State of Kerala and others

## `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` MONDAY, THE 11[TH] DAY OF MARCH 2024 / 21ST PHALGUNA, 1945 ``` ``` CRL.MC NO. 1460 OF 2024 ``` ``` CRIME NO.707/2023 OF VECHOOCHIRA POLICE STATION, PATHANAMTHITTA ``` ## `PETITIONERS:` ``` 1LIJO PAUL AGED 32 YEARS S/O KUNJUMON, MADATHIKKUNNEL HOUSE, ARAYANJILIMON, EDAKADATHI P.O., PATHANAMTHITTA DISTRICT, PIN – 686510 2LIJIN PAUL AGED 30 YEARS S/O KUNJUMON, MADATHIKKUNNEL HOUSE, ARAYANJILIMON, EDAKADATHI P.O., PATHANAMTHITTA DISTRICT, PIN – 686510 ``` ``` BY ADV S.JIJI ``` ## `RESPONDENTS:` ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031 2MANOJ JOSEPH AGED 48 YEARS S/O K.V. JOSEPH, KARIMTHAKARACKAL HOUSE, ARAYANJILIMON, EDAKADATHY P.O., KOLLAMULA VILLAGE, PATHANAMTHITTA DISTRICT, PIN – 686510 3JAIN MANOJ AGED 43 YEARS W/O MANOJ JOSEPH, KARIMTHAKARACKAL HOUSE, ARAYANJILIMON, EDAKADATHY P.O., KOLLAMULA VILLAGE, PATHANAMTHITTA DISTRICT, PIN – 686510 4PRIYANKA MARIYAM MANOJ AGED 22 YEARS D/O MANOJ JOSEPH, KARIMTHAKARACKAL HOUSE, ARAYANJILIMON, EDAKADATHY P.O., KOLLAMULA VILLAGE, PATHANAMTHITTA DISTRICT, PIN - 686510 ``` _Crl.M.C..No.1460/2024_ _-:2:-_ ``` BY ADV M.M.BABY ``` ## `OTHER PRESENT:` ``` SR PP SRI C S HRITHWIK ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` _Crl.M.C..No.1460/2024_ _-:3:-_ Dated this the 11[th] day of March, 2024 ## **O R D E R** The petition is filed under Section 482 of the Code of Criminal Procedure,1973, to quash Annexure-A1 First Information Report[FIR] in Crime No.707/2023 of Vechoochira Police Station, Pathanamthitta and all further proceedings pursuant to it. 2. The petitioners are the accused Nos.1 & 2 in the above crime, registered against them at the instance of the second respondent for allegedly committing the offences punishable under Sections 294(b), 323, 325, 341 & 354 read with Section 34 of the Indian Penal Code,1860. 3. The gist of the prosecution is that: on 25.12.2023, at 2.00 hours, while the de-facto complainant along with his family members were participating in a midnight mass, the accused lit crackers, which fell on the head of the de-facto _Crl.M.C..No.1460/2024_ _-:4:-_ complainant and others. The accused abused the injured and hit on their face making injured fall on the ground. Thus, the accused have committed the above offences. 4. Heard; Sri. S. Jiji, the learned counsel appearing for the petitioners, Sri. C. S. Hrithwik, the learned Senior Public Prosecutor appearing for the first respondent and Smt.M.M.Baby, the learned counsel appearing for the respondents 2 to 4. 5. The learned counsel for the petitioners submitted that the petitioners are totally innocent of the accusation levelled against them. The subject matter in dispute between the petitioners and the respondents 2 to 4 have been amicably settled and the respondents 2 to 4 have executed Annexures-A3 to A3(C) affidavits, stating that they have no subsisting grievance against the petitioners and they have no objection and all further proceedings in the above _Crl.M.C..No.1460/2024_ _-:5:-_ crime being quashed. 6. The learned Public Prosecutor, on instructions, submitted that the Investigating Officer has ascertained and reported that the subject matter in dispute between the petitioners and the respondents 2 to 4 have been settled as per Annexures-A3 to A3(C) affidavits and the respondents 2 to 4 have voluntarily signed the affidavits without any force or threat in any manner. 7. The learned counsel for the respondents 2 to 4 also submitted that the said respondents have no subsisting grievance as against the petitioners and they have voluntarily executed Annexures-A3 to A3(C) affidavits. The said submission is recorded. 8. The Hon'ble Supreme Court in **Gian Singh vs. State of Punjab** [2012 (10) SCC 303] and **Prabatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others vs. State of Gujarat and another** [(2017) 9 _Crl.M.C..No.1460/2024_ _-:6:-_ SCC 641] has held that in the facts and circumstances of a case and to secure the ends of justice, where the High Court is satisfied that an amicable settlement has been arrived at between the parties and the offence is not serious in nature involving mental depravity, criminal proceedings may be quashed. 9. On a consideration of the facts, the rival submission made across the Bar, and the materials on record, especially after going through Annexures-A3 to A3(C) affidavits sworn in by the respondents 2 to 4 which has been found to be genuine and bona fide by the Investigating Officer, I am convinced and satisfied that this is a fit case to exercise the inherent power of this Court, particularly since the alleged offences are not serious in nature, no public interest in involved, the chances of conviction is remote, the continuation of the proceeding would only be wastage of judicial time and the settlement would augur harmony in society. _Crl.M.C..No.1460/2024_ _-:7:-_ Hence, I am inclined to allow the petition. In the result, the Crl.M.C is allowed by quashing Annexure-1 FIR and all further proceedings in Crime No.707/2023 of Vechoochira Police Station, Pathanamthitta as against the petitioners. The Crl.M.C is ordered accordingly. **Sd/-** ## **C.S.DIAS,JUDGE** DST/11.03.24 //True copy// P.A. To Judge _Crl.M.C..No.1460/2024_ _-:8:-_ ## `APPENDIX` ``` PETITIONER ANNEXURES ANNEXURE A-1TRUE COPY OF THE F.I.R. IN CRIME NO. 707/2023 OF VECHOOCHIRA POLICE STATION DATED 25-12-2023 ``` ``` ANNEXURE A-2TRUE COPY OF THE F.I. STATEMENT BY THE DE- FACTO COMPLAINANT IN CRIME NO. 707/2023 OF VECHOOCHIRA POLICE STATION DATED 25-12-2023 ``` ``` ANNEXURE A-3(A)THE AFFIDAVIT DATED 09-02-2024 SWORN BY THE 2ND RESPONDENT ANNEXURE A-3(B)THE AFFIDAVIT DATED 09-02-2024 SWORN BY THE 3RD RESPONDENT ANNEXURE A-3(C)THE AFFIDAVIT DATED 09-02-2024 SWORN BY THE 4TH RESPONDENT ```