Allowed

Bijumon Yesudas v. State of Kerala

Kerala HC13 Dec 2022Crl.MC/5080/2022

Case brief

AI extract

What is this about?

High Court of Kerala allowed a criminal miscellaneous petition to quash proceedings against the petitioner. The offences were primarily private in nature. A settlement was reached, verified by police, and no serious injuries were sustained. The court invoked Section 482 Cr.P.C. and quashed the FIR and related proceedings.

What did the court decide?

Quashed all further proceedings in S.C. No.564/2021 against the petitioner and accepted the final report.

Bijumon Yesudas Vs State of Kerala — Quashing and FIR | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

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TUESDAY,THE 13^TH DAY OF DECEMBER 2022/22ND AGRAHAYANA, 1944

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CRL.MC NO. 5080 OF 2022

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AGAINST THE ORDER/JUDGMENTSC 564/2021 OF ADDITIONAL SUB COURT,KOLLAM

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PETITIONER/S:

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BIJUMON YESUDAS AGED 43 YEARS S/O YESUDASAN RESIDING AT DAVID NIVAS, KUREEPUZHA CHERRY, SAKTHIKULANGARA VILLAGE, KOLLAM , PIN - 691581 BY ADVS. M.KIRANLAL R.RAJESH (VARKALA) MANU RAMACHANDRAN T.S.SARATH SAMEER M NAIR GEETHU KRISHNAN HARSHA SUSAN SAM SAILAKSHMI MENON

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 ALOSIUS @ ELIAS AGED 77 YEARS DEEPA NIVAS, KUREEPUZHA CHERRY, SAKTHIKULANGARA, KOLLAM , PIN - 691581 BY ADV SABIKH MOHAMMED V.S ADV VIPIN NARAYAN - PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C.No.5080/2022

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ORDER

Dated this the 13^th day of December, 2022

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The petitioner is the accused in crime No.1009/2019 of Sakthikulangara Police Station, which is now pending as S.C. No.564/2021 before the Additional Assistant Sessions Court, Kollam. The offences alleged against the petitioner are under Sections 294(b), 324 and 308 of the Indian Penal Code.

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Annexure-A1 is the F.I.R. and Annexure-A2 is the final report submitted by the Police. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-A2 final report.

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Heard Sri. Kiranlal, the learned counsel appearing for the petitioner, Sri. Vipin Narayanan, the learned Public Prosecutor for the State and Sri. Sabikh Mohammed V.S., the learned counsel appearing for the 2^nd respondent/defacto complainant.

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The prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexure-A3 affidavit sworn by the 2^nd respondent

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Crl.M.C.No.5080/2022

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is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the 2^nd respondent had specifically acknowledged the aforesaid settlement and also conveyed the no-objection to quash the proceedings against the petitioner herein. The learned counsel appearing for the 2^nd respondent also confirms the same. The learned Public Prosecutor, upon instructions, submitted that the Station House Officer concerned has verified the veracity of the same and found it to be genuine.

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The allegations would reveal that the dispute is purely private in nature. In such circumstances, by applying the principles laid down by the Honourable Supreme Court in Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] , proceedings can be quashed by invoking the powers of this Court under Section 482 Cr.P.C. This is particularly because, on account of the settlement, no fruitful purpose would be served by allowing the prosecution to continue.

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It is true that one of the offences is under Section 308

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of the Indian Penal Code. However, it is discernible from the records that the 2^nd respondent/defacto complainant has not sustained serious injuries. Moreover, no criminal antecedents of

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Crl.M.C.No.5080/2022

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the petitioner were also brought to my notice. In such circumstances, I deem it appropriate to invoke the jurisdiction of this Court under Section 482 Cr.P.C. and quash the proceedings.

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In the result, this Crl.M.C. is allowed and Annexure-A2 final report submitted in crime No.1009/2019 of Sakthikulangara Police Station and all further proceedings in S.C. No.564/2021 on the files of the Additional Assistant Sessions Court, Kollam, against the petitioner are hereby quashed.

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Sd/ZIYAD RAHMAN A.A. JUDGE

ncd

Crl.M.C.No.5080/2022

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APPENDIX OF CRL.MC 5080/2022

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PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE FIR IN CRIME NO. 1009/2019 REGISTERED BY SAKTHIKULANGARA POLICE Annexure A2 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO. 1009/2019 Annexure A3 THE ORIGINAL OF THE AFFIDAVIT DATED 16.07.2022 SWORN BY THE 2ND RESPONDENT/DE-FACTO COMPLAINANT

Bijumon Yesudas v. State of Kerala

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Bijumon Yesudas v. State of Kerala

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