Allowed

Biju v. State of Kerala

Kerala HC26 Oct 2022Crl.MC/6043/2022

Case brief

AI extract

What is this about?

The Kerala High Court allowed a criminal miscellaneous case to quash proceedings under Section 482 Cr.P.C. regarding offences u/s 324, 326, 341, 447 IPC following a settlement between brother-in-laws, citing Soban Vs. State of Kerala to invoke jurisdiction even after conviction.

What did the court decide?

Quashed the final report and the order of conviction passed by the Judicial First Class Magistrate Court-III, Perumbavoor in C.C No. 49/2017 dated 03.03.2021.

Biju Vs State of Kerala — Constitutional and Fundamental Rights | 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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WEDNESDAY, THE 26^TH DAY OF OCTOBER 2022 / 4TH KARTHIKA,

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1944

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CRL.MC NO. 6043 OF 2022

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AGAINST THE ORDER/JUDGMENTCRA 115/2021 OF ADDITIONAL DISTRICT & SESSIONS COURT,MOOVATTUPUZHA

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CC 49/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS - III,

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PERUMBAVOOR

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PETITIONER/ACCUSED:

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1 BIJU AGED 42 YEARS S/O. GOPALAN, PALLIPARAMBIL VEEDU, PANDANADU PADINJATTU MURI KARA, PANDANADU VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT PIN - 689506

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2 BIJU AGED 36 YEARS S/O. BABU, MANNARATHARAYIL VEEDU, VANMIZHI KARA, PANGANADU VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT PIN - 689506

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3 RAJEEV AGED 40 YEARS S/O. THANKAN, MANNARATHARAYIL VEEDU, VANMIZHI KARA, PANGANADU VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT PIN - 689506

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BY ADV RINNY STEPHEN CHAMAPARAMPIL

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Crl.M.C.No. 6043 of 2022

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RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 SATHEESH KUMAR AGED 43 YEARS S/O. RAGHAVAN, SANTHOSH BHAVAN, KEEZVENCHERI KARA, PANDANADU VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT PIN - 689506 BY ADV ASHA ELIZABETH MATHEW ADV C S HRITHWIK-SR PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.10.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No. 6043 of 2022

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ORDER

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The petitioners are the accused in Crime No. 1193/2016, of

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Kodanadu Police Station which was registered for the offences punishable under Sections 324, 326, 341, 447 read with Section 34 of Indian Penal Code. The aforesaid crime was registered on the basis of the information furnished by the second respondent.

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2 . The prosecution case is as follows:

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Petitioners 2 and 3 are the brother-in-laws of the second respondent and on account of the enmity towards him in connection with the matrimonial disputes pending between the second respondent and his wife, they trespassed into the house of the second respondent along with the first petitioner on 12.10.2016 at 7.30 p.m, and assaulted him with steel pipe, causing injuries. Annexure A is the FIR registered and Annexure B is the final report submitted by the Police. The cognizance thereon was taken by the Judicial First Class Magistrate Court-III, Perumbavoor as C.C No.49/2017 and in the trial conducted all the

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accused persons participated and Annexure C is the judgment passed by the learned Magistrate in the said case by which all the

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Crl.M.C.No. 6043 of 2022

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accused persons were found guilty. They were sentenced to undergo simple imprisonment for a period of one month under Section 447 read with Section 34 of Indian Penal Code, simple imprisonment for a period of one month for the offence under Section 341 read with Section 34 of Indian Penal Code, to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.5000/-each in default, sentenced to undergo simple imprisonment for three months each for the offence under Section 326 read with Section 34 of Indian Penal Code and to undergo rigorous imprisonment for a period of three months with a fine of Rs.2000/- each and in default, sentenced to undergo simple imprisonment for a period of two months each for the offence punish under Section 324 read with Section 34 of Indian Penal Code. Challenging the aforesaid order of conviction and sentence, the petitioners have filed an appeal which is now pending as Crl.Appeal 115/2021 before the Additional Sessions Court, Muvattupuzha.

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3 . This Crl.M.C is filed by the petitioner, on the ground that, the dispute between the parties have been settled and on

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Crl.M.C.No. 6043 of 2022

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the basis of the same, they seek to quash all further proceedings pursuant to Annexure B final report and also the judgment passed by the Judicial First Class Magistrate Court-III, Perumabvoor in C.C No. 49/2017.

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4 . Heard Sri.Rinny Stephen Chamaparambil, the learned counsel appearing for the petitioners Sri.C.S Hrithwik, the learned Public Prosecutor for the State and Smt.Asha Elizabath Mathew, the learned counsel appearing for the second respondent.

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5 . It is true that, the petitioners were found guilty as per

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Annexure C judgment and they were sentenced to undergo imprisonment for various terms as per the said judgment. However in Soban Vs. State of Kerala [2021 (3)KHC 383], it is held by this Court, the powers under Section 482 Cr.P.C can be invoked for quashing the proceedings on the basis of settlement, even after the accused persons are convicted. In this case, it is discernible from the records that, a settlement has been arrived at

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between the parties. Of course one of the offences is under Section 326 of Indian Penal Code which is serious in nature but it is evident from the records that, the dispute which resulted in the

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Crl.M.C.No. 6043 of 2022

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incident, is between brother-in-laws. The second

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respondent/defacto complainant is married to the sister of petitioners 2 and 3. The incident has occurred due to the escalation of the disputes between the parties which originally arose in connection with the matrimonial disputes between the second respondent and his wife. Now all the disputes between the parties are settled and therefore I deem it appropriate to invoke the jurisdiction of this Court under Section 482 Cr.P.C to ensure peace and harmony among the family members.

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In the result, this Crl.M.C is allowed, Annexure B final report submitted in Crime No.1193/2016 and the order of conviction passed by the Judicial First Class Magistrate Cour-III, Perumbavoor as per Annexure C judgment date 03.03.2021 in C.C No. 49/2017 are hereby quashed.

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Sd/-

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ZIYAD RAHMAN A.A.

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JUDGE

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rpk

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Crl.M.C.No. 6043 of 2022

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APPENDIX OF CRL.MC 6043/2022

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PETITIONER ANNEXURES

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Annexure A A TRUE COPY OF THE FIR IN CRIME NO.1193/2016 OF KODANADU POLICE STATION Annexure B CERTIFIED COPY OF THE FINAL REPORT FILED IN CRIME NO. 1193/2016 OF KODANAD POLICE STATION Annexure C TRUE COPY OF THE JUDGMENT DATED 03/03/2021 OF JFMC-III, PERUMBAVOOR IN C.C NO. 49/2017 Annexure D AFFIDAVIT SWORN BY THE 2ND RESPONDENT

Biju v. State of Kerala

Case brief

What is this about?

What did the court decide?

Biju v. State of Kerala

Case brief

What is this about?

What did the court decide?

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