Allowed

Shijin v. State of Kerala

Criminal procedure – Quashing of FIR and proceedings – Consent/Settlement

Kerala HC22 Nov 2021Crl.MC/1776/2021

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What is this about?

The High Court of Kerala allowed the Criminal Miscellarious Case petition seeking quashing of criminal proceedings under the IPC. The petitioners had settled the entire issues with the respondents. The court held that continued proceedings would be an abuse of process of law and no public interest was involved. Consequently, the entire proceedings in C.C. No. 200/2015 were quashed.

What did the court decide?

The entire proceedings in C.C. No. 200/2015 filed in the Judicial First Class Magistrate Court, Njarakkal, arising out of Crime No. 113/2008 of Munambam Police Station, were quashed.

Shijin Vs State of Kerala — Quashing and FIR | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE M.R.ANITHA

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MONDAY, THE 22^ND DAY OF NOVEMBER 2021 / 1ST AGRAHAYANA, 1943

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CRL.MC NO. 1776 OF 2021

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AGAINST THE ORDER/JUDGMENT IN CC 200/2015 OF JUDL. FIRST CLASS MAGISTRATE

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COURT, NJARAKKAL

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CRIME NO.113/2008 OF MUNAMBAM POLICE STATION

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PETITIONER/S:

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1 SHIJIN, AGED 37 YEARS

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S/O.GOPALAN, ANIKKOLATH HOUSE, CHERAI KARA, PALLIPURAM VILLAGE, ERNAKULAM DISTRICT.

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2 SHAN, AGED 37 YEARS S/O.SASI, PUTHUVELIL HOUSE, CHERAI KARA, PALLIPURAM VILLAGE, ERNAKULAM DISTRICT.

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3 RAJESH, AGED 34 YEARS S/O.GOPI, KORPULLITHARA HOUSE, CHERAI KARA, PALLIPURAM VILLAGE, ERNAKULAM DISTRICT.

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4 PRADEEP, AGED 49 YEARS S/O.THANKAPPAN, KORIYAPADATH HOUSE, CHERAI KARA, PALLIPURAM VILLAGE, ERNAKULAM DISTRICT.

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BY ADV M.K.FAISAL

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RESPONDENT/S:

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1 STATE OF KERALA

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REPRESENTED BY STATION HOUSE OFFICER, MUNAMBAM POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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2 VENU AGED 54 YEARS

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S/O.ACHUTHAN, THAIVELIKKAKATH HOUSE, CHERAI SOUTH, PALLIPURAM VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT-683 514.

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3 LATHA AGED 50 YEARS

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W/O.VENU, THAIVELIKKAKATH HOUSE, CHERAI SOUTH, PALLIPURAM VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT-683 514.

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4 SIVANANTHAN AGED 60 YEARS S/O.ACHUTHAN, THAIVELIKKAKATH HOUSE, CHERAI SOUTH, PALLIPURAM VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT-683 514.

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5 NILSHA AGED 28 YEARS D/O.VENU, THAIVELIKKAKATH HOUSE, CHERAI SOUTH, PALLIPURAM VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT-683 514.

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OTHER PRESENT:

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PP RENJIT GEORGE,SR GP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.11.2021,

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THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.1776 of 2021 2

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O R D E R

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This Crl.M.C. has been filed seeking to quash the entire further proceedings in C.C.No.200/2015 on the file of the Judicial First Class Magistrate Court, Njarakkal, arising out of crime No.113/2008 of Munambam Police Station, which is registered for the offences punishable u/s.323, 324, 427, 452 r/w. 34 IPC.

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Petitioners are accused Nos.1 to 4 in the above crime. Second respondent is the defacto complainant. Respondents 3 to 5 are the other injured persons.

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Prosecution case is that on 13.04.2008 at about 4.30 p.m the petitioners in furtherance of common intention, trespassed into the house of the 2^nd respondent and assaulted the 2^nd respondent and other injured and thereby inflicted simple injuries to respondents 2 to 5 and thereby committed the offences aforementioned.

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Petitioners have settled the entire issues amicably with the 2^nd respondent - defacto complainant and other injured witnesses – respondents 3 to 5. Annexure 1 is the copy of Charge

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Crl.M.C.No.1776 of 2021 3

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Sheet in the above crime. Annexure 2 is the affidavit duly sworn in by the defacto complainant and Annexures 3 to 5 are the affidavits sworn in by the respondent Nos. 3 to 5.

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Adv. Smt.K.G. Preethy appeared on behalf of

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respondents 2 to 5 and reported about the settlement arrived at between the parties.

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Learned Public Prosecutor produced copy of the report of the SHO along with the signed statement of 2^nd and 3^rd respondents.

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It has come out from the affidavits as well as the signed statement of the defacto complainant that the entire issues between the parties have been settled out of court and respondents 2 to 5 do not intend to continue the proceedings against the petitioners.

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Since the parties have amicably settled the entire issues, there is no impediment in quashing the proceedings against the petitioners and further continuance of the proceedings against them will be an abuse of process of law. No public interest is involved and the issue is purely personal in nature. Therefore, I am of the view that it is only just and proper

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Crl.M.C.No.1776 of 2021 4

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to quash the entire proceedings in C.C.No.200/2015 on the file of the Judicial First Class Magistrate Court, Njarakkal, arising out of crime No.113/2008 of Munambam Police Station. It is ordered accordingly.

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In the result, Crl.M.C. stands allowed.

Sd/-

M.R.ANITHA JUDGE

shg

Crl.M.C.No.1776 of 2021 5

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APPENDIX OF CRL.MC 1776/2021

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PETITIONER ANNEXURE ANNEXURE 1 CERTIFIED COPY OF THE CHARGE SHEET FILED IN CC 200/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NJARAKKAL. ANNEXURE 2 AFFIDAVIT SWORN BY THE 2ND RESPONDENT/CW1. ANNEXURE 3 AFFIDAVIT SWORN BY THE 3RD RESPONDENT/CW2. ANNEXURE 4 AFFIDAVIT SWORN BY THE 4TH RESPONDENT/CW3. ANNEXURE 5 AFFIDAVIT SWORN BY THE 5TH RESPONDENT/CW4.

Shijin v. State of Kerala

Case brief

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What did the court decide?

Shijin v. State of Kerala

Case brief

What is this about?

What did the court decide?

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