Accused sought quashing of FIR and final report for trespass and assault offences after parties settled. Complainants filed affidavits endorsing settlement and Public Prosecutor confirmed it. Court quashed proceedings citing settled-matter principles.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
MONDAY, THE 4 TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945
CRL.MC NO. 2177 OF 2023
CRIME NO.833/2021 OF Mavelikkara Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.273 OF 2022 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I, MAVELIKKARA
PETITIONER/ACCUSED:
THOMAS PHILIP
AGED 52 YEARS
/O THOMAS AALINTE THEKKATHIL VEETTIL, PUTHIYAKAVU
MURI , MAVELIKKARA VILLAGE, MAVELIKKARA P.O,
ALAPPUZHA DISTRICT, KERALA, PIN - 690101
BY ADV T.S.SARATH
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 6820312 THE STATION HOUSE OFFICER MAVELIKKARA POLICE STATION MAVELIKKARA P.O, ALAPPUZHA DISTRICT, PIN - 6901013 ELIZABETH MATHEW W/O THOMAS MATHEW AALINTE THEKKATHIL, PUTHIYAKAVU MURI , MAVELIKKARA VILLAGE MAVELIKKARA P.O, ALAPPUZHA DISTRICT, KERALA, PIN - 690101 CRL.MC NO.2177 OF 2023
2
REJIN MATHEW
S/O THOMAS MATHEW AALINTE THEKKATHIL VEETTIL,
PUTHIYAKAVU MURI , MAVELIKKARA VILLAGE, MAVELIKKARA
P.O, ALAPPUZHA DISTRICT, KERALA, PIN - 690101
BY ADV SARUN K. IDICULA
BY SRI.VIPIN NARAYANAN - SR.PP
3
CRL.MC NO.2177 OF 2023
ORDER
Dated this the 4th day of March, 2024
This Crl.M.C., under Section 482 of Cr.P.C., is
filed by the accused in C.C.No.273 of 2022 on the file of Judicial First Class Magistrate Court-I, Mavelikkara, registered under Sections 447, 323 and 506(i) of IPC, for quashing Annexure A1 FIR and Annexure A2 final report.
learned counsel for the petitioner submitted that the matter stands settled between himself and respondents 3 and 4. Respondents 3 and 4 entered appearance through counsel, and submitted that the matter stands settled. Annexures A3 and A4 are the affidavits filed by them,
CRL.MC NO.2177 OF 2023
endorsing the settlement. Neither they have any intention to proceed with the prosecution nor any objection in quashing Annexure A1 FIR and Annexure A2 final report in C.C.No.273 of 2022.
Apex Court in Gian Singh v. State of Punjab and Another; [(2012) 10 SCC 303)] , and State of Madhya
5
CRL.MC NO.2177 OF 2023
Pradesh v. Laxmi Narayan and Others; [(2019) 5 SCC
688], this Court is of the view that the proceedings against the petitioner can be quashed on the basis of settlement.
In the result, this Crl.MC is allowed, and Annexure A1 FIR and Annexure A2 final report in C.C.No.273 of 2022 on the file of Judicial First Class Magistrate Court-I, Mavelikkara, stand quashed.
Sd/-
SOPHY THOMAS
JUDGE
SSK/04/03
CRL.MC NO.2177 OF 2023
6
Annexure A1 |
CERTIFIED |
COPY |
OF |
THE |
FIR IN CRI |
ME NO. |
|---|---|---|---|---|---|---|
833/2021STATION |
OF |
THE |
MAV |
ELIKJKARA |
POLICE |
|
Annexure A2 |
CERTIFIED |
COPY |
OF |
THE |
CHARGE SHE |
ET IN |
CRIME NO.POLICE STA |
833TION |
/2021 |
OF |
THE MAVELI |
KJKARA |
|
Annexure A3 |
ORGINAL AFIN BY THE |
FIDA3RD R |
VIT DESPO |
ATEDNDENT |
03/08/2022, |
SWORN |
Annexure A4 |
ORGINAL AFIN BY THE |
FIDA4TH R |
VIT DESPO |
ATEDNDENT |
03/08/2022, |
SWORN |
1 issue framed by the court
Can proceedings in C.C.No.273/2022 be quashed on the basis of settlement between accused and complainants?
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherApplied¶6
(2012) 10 SCC 303 · Who else cites this
State of Madhya Pradesh v. Laxmi Narayan and OthersApplied¶6
(2019) 5 SCC 688 · Who else cites this
2 provisions across 2 enactments
Thomas Philip
State of Kerala
Station House Officer, Mavelikkara Police Station
Elizabeth Mathew
Sophy Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court