Quashed

Bijoy Baby v. State of Kerala

Kerala HC1 Sept 2023Crl.MC/5194/2023

Case brief

AI extract

What is this about?

This judgment quashes criminal proceedings for an offence under Section 354(C) IPC involving peeping. The Court found that an amicable settlement had been reached between the parties without vitiating circumstances and no purpose would be served by continuing the trial.

What did the court decide?

All proceedings in C.C.No.642/2019 pending before the Judicial First Class Magistrate Court, Kalamassery, in Crime No.2/2019 were quashed.

Bijoy Baby Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2023)

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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 MOHAMMED NIAS C.P.

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FRIDAY, THE 1STDAY OF SEPTEMBER 2023 / 10TH BHADRA, 1945
CRL.M.C.NO. 5194 OF 2023

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IN C.C.No. 642/2019 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,
KALAMASSERY

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PETITIONER/ACCUSED:

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BIJOY BABY
AGED 26 YEARS
S/O. BABY,
KELANCHIRA PADEETTATHIL,
ARANNOOTTIMANGALAM POST,
VETTIYAR, ALAPPUZHA, KERALA., PIN – 690110
BY ADVS.
MANU TOM
K.R.JITHIN
BALAMURALI K.P.
HARIPRIYA.M

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RESPONDENTS/STATE & COMPLAINANT:

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1STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM., PIN – 682031

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Crl.M.C.5194/2023

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MARY SWAPNA
AGED 41 YEARS
W/O. SIJESH GEORGE,
2
RESIDENCE AT CHAMMINIKODATH HOUSE,
NEAR ST.BAPSTIC CHURCH, THAMMANAM ROAD,
EDAPPALLY SOUTH, ERNAKULAM., PIN – 682025
BY ADVS.
SHAJI T.M
RENIL IQUBAL

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OTHER PRESENT:

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SMT.C.SEENA
PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.5194/2023

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ORDER

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Petitioner is arrayed as the sole accused in Crime No.2/2019 of Kochi Metro Police Station, registered for an offence punishable under Section 354(C) of the I.P.C. The same is numbered as C.C.No.642/2019, pending on the files of the Judicial First Class Magistrate Court, Kalamassery. Petitioner moved this Court seeking to quash all further proceedings in C.C.No.642/2019, pending on the files of the Hon’ble Judicial First Class Magistrate Court, Kalamassery, in Crime No.2/2019 of Kochi Metro Police Station.

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The allegation is that, on 06.05.2019 at about 08.15.a.m, the accused peeped into the ladies' toilet of Metro Station, Palarivattom, while the defacto complainant was inside the toilet and thereby committed the aforesaid offence.

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Heard the learned counsel for the petitioner, the learned Public Prosecutor, and the learned counsel for the 2^nd respondent.

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It is submitted by respective counsel that the petitioner and the 3^rd respondent have arrived at an amicable settlement, and Annexure 2 is the affidavit filed. The affidavits, inter alia, state that all the disputes are settled

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Crl.M.C.5194/2023

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and that the pendency of criminal proceedings would cause hardship to all the parties.

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From the submission across the Bar and perusing the Criminal M.C. and the affidavit referred above, I am satisfied that there has been an amicable settlement and that there are no vitiating circumstances in the respondent filing the affidavit. No purpose will be served by continuing the proceedings in the above circumstances. It is submitted by the learned Public Prosecutor that the statement of the defacto complainant has also been taken to verify the genuineness of the settlement.

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The Hon'ble Supreme Court in Gian Singh v. State of Punjab and another [2012 (10) SCC 303] and Prabatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others v. State of Gujarat and another [(2017) 9 SCC 641] has held that in facts and circumstances of a case and to secure the ends of justice, where the High Court is satisfied that an amicable settlement has arrived between the parties and the offence is not serious in nature involving mental depravity, criminal proceedings may be quashed.

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After considering the facts and circumstances of the case and in exercise of the power of this Court under Section 482 of the Code of Criminal Procedure, I hereby quash all proceedings in C.C.No.642/2019, pending on

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Crl.M.C.5194/2023

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the files of Judicial First Class Magistrate Court, Kalamassery, against the

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petitioner.

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The Crl.MC is allowed as above.

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Sd/-

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MOHAMMED NIAS C.P. JUDGE

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jka/01.09.23.

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Crl.M.C.5194/2023

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APPENDIX OF CRL.M.C.No.5194/2023

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PETITIONER’S ANNEXURES

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THE CERTIFIED COPY OF THE CHARGE SHEET IN
CRIME NO. 02/2019 OF KOCHI METRO POLICE
STATION, ERNAKULAM, NOW PENDING AS C.C.
Annexure1NO. 642/2019 ON THE FILES OF THE COURT OF
THE JUDICIAL FIRST-CLASS MAGISTRATE,
KALAMASSERY.
THE ORIGINAL AFFIDAVIT SWORN BY THE 2ND
Annexure2
RESPONDENT ATTESTED BY HER COUNSEL.

Bijoy Baby v. State of Kerala

Case brief

What is this about?

What did the court decide?

Bijoy Baby v. State of Kerala

Case brief

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