This order quashed criminal proceedings against six accused persons. The High Court allowed theMiscellaneous application after the court noted that the matter had been amicably settled between the accused and the complainants, rendering further proceedings unnecessary.
Quashed all further proceedings in C.C. No.83/2014 based on the Final Report in Crime No.1119/2013.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
WEDNESDAY, THE 3RD DAY OF FEBRUARY 2016/14TH MAGHA, 1937
Crl.MC.No. 437 of 2016 ()
CC. NO.83/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PATHANAMTHITTA.
PETITIONERS/ACCUSED NOS.1 TO 6:
1. DIJO KURIAN, AGED 23 YEARS, S/O.JOSE KURIAN, NELLIMOOTTIL HOUSE, PRAKKANAM, MUKKOOTTUTHARA, CHENNERKKARA VILLAGE, PATHANAMTHITTA.
2. THOMAS WILSON, AGED 27 YEARS, S/O.WILSON, KAIMANNILKUHIYIL HOUSE, NELLIKKALA, MALLAPPUZHASSERI VILLAGE, PATHANAMTHITTA DISTRICT.
3. GEEVARGHESE JOHNSON, AGED 22 YEARS, S/O.JOHNSON VARGHESE, KAIMANNIKUHIYIL HOUSE, NELLIKKALA, MALLAPPUZHASSERI VILLAGE, PATHANAMTHITTA DISTRICT.
4. JOHN BRITTO, AGED 25 YEARS, S/O. CLEETUS, CHIRAKKARA PUTHUVALVEETTIL, KANNIMEL CHERIYIL, MARATHADI, SAKTHIKULANGARA VILLAGE, KOLLAM DISTRICT.
5. JIBIN SAM, AGED 22 YEARS, S/O.SAM VARGHESE, THAVALATHIL HOUSE, PUTHENPEEDIKA, OMALLOOR VILLAGE, PATHANAMTHITTA DISTRICT.
6. LINO G.ALEX, AGED 22 YEARS, GEEVARGHEESE ALEXANDER, ERUNNIKKEL KANDATHIL HOUSE, MALAKKARA, ARANMULA VILLAGE, PATHANAMTHITTA DISTRICT.
BY ADVS.SRI.M.T.SURESHKUMAR, SRI.S.SANAL KUMAR, SMT.SMITHA PHILIPOSE, SRI.N.MANU THAMPI, SRI.P.R.JAYASANKAR.
Crl.MC.No. 437 of 2016
RESPONDENTS/DEFACTO COMPLAINANT/INJURED & STATE:
1. K.A. JOHN, AGED 62 YEARS, S/O.P.K. ABRAHAM, JOHNS VILLA, ORRANVILA, MEENADU VILLAGE, KOLLAM DISTRICT, (THE THEN PRINCIPAL ST.JOHNS COLLEGE, PARAKKANAM, PATHANAMTHITTA) PIN-691 001.
2. VICTOR JOSEPH, AGED 62 YEARS, S/O.K.J. JOSEPH, KADAKKALETHU HOUSE, MAZHUKEER MURIYIL, THIRUVANVANDOOR VILLAGE, PATHANAMTHITTA DISTRICT-689 645.
3. STATE OF KERALA,
R1 & R2 BY ADV. SRI.S.R.SREEJITH. R3 BY PUBLIC PROSECUTOR SMT.P. MAYA.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
Crl.MC.No. 437 of 2016
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEXURE-A1. TRUE COPY OF THE FIR IN CRIME NO.1119/2013 OF PATHANAMTHITTA POLICE STATION.
ANNEXURE-A2. TRUE COPY OF THE FINAL REPORT DATED 30/08/2014 IN CRIME NO.1119/2013 OF PATHANAMTHITTA POLICE STATION.
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
B. KEMAL PASHA, J.
................................................................ CRL.M.C. No. 437 of 2016
............................................................... Dated this the 3rd day of February, 2016
O R D E R
Petitioners are accused Nos.1 to 6 in C.C. No.83/2014
of the Judicial First Class Magistrate's Court-I, Pathanamthitta, which has arisen from Crime No.1119/2013 of the Pathanamthitta Police Station, registered for the offences punishable under Sections 143, 147, 451, 341, 294 (b), 427 and 506(i) read with Section 149 of the Indian Penal Code.
CRL.M.C.No. 437 of 2016
-: 2 :-
petitioners.
against the petitioners. When the matter has been amicably settled, no purpose would be served in proceeding with the matter further, and therefore, all further proceedings in C.C. No.83/2014 of the Judicial First Class Magistrate's Court-I, Pathanamthitta, as against the petitioners, based on Annexure-A2 Final Report in Crime No.1119/2013 of the Pathanamthitta Police Station, can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings in C.C. No.83/2014 of the Judicial First Class Magistrate's Court-I, Pathanamthitta, as against the petitioners, based on Annexure-A2 Final Report in Crime No.1119/2013 of the Pathanamthitta Police Station, are hereby quashed.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
[True copy] P.S. to Judge
2 issues framed by the court
Whether criminal proceedings against petitioners can be quashed upon amicable settlement between parties.
Whether the absence of criminal antecedents supports quashing under the Final Report scheme.
1 provisions across 1 enactments
Dijo Kurian and others
K.A. John
Victor Joseph
State of Kerala
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
