Allowed

Justin .K.Thomas v. State of Kerala

Kerala HC3 Apr 2024Crl.MC/6232/2023

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminalMisc. petition invoking Section 482 Cr.P.C. to quash proceedings against five accused persons in a case involving criminal intimidation and assault arising from a settled dispute involving alleged abuse and assault of a defacto complainant.

What did the court decide?

All proceedings against the petitioners in C.C. No.627/2022 before the Judicial First Class Magistrate Court-II, Pathanamthitta are quashed.

Justin .K.Thomas Vs State of Kerala — Quashing and FIR | Kerala HC (2024)

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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 BECHU KURIAN THOMAS

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WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946

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CRL.MC NO. 6232 OF 2023

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CRIME NO.272/2022 OF KONNI POLICE STATION, PATHANAMTHITTA
 IN CC NO.627 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST

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CLASS -II,PATHANAMTHITTA

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PETITIONERS/ACCUSED 1 TO 5 IN THE CASE:

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1 JUSTIN .K.THOMAS AGED 26 YEARS KOIKKAL HOUSE, PAYYANAMON, PAYYANAMON P.O, KONNI THAZHAM VILLAGE, KONNI, PATHANAMTHITTA., PIN – 689692

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2 MATHEW ABRAHAM @ K.M.ABRAHAM AGED 59 YEARS KOIKKAL HOUSE, PAYYANAMON, PAYYANAMON P.O, KONNI THAZHAM VILLAGE, KONNI, PATHANAMTHITTA., PIN – 689692

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3 K.M.THOMAS @ THOMAS MATHEW AGED 59 YEARS S/O K.A MATHEW, KOIKKAL HOUSE, PAYYANAMON, PAYYANAMON P.O, KONNI THAZHAM VILLAGE, KONNI, PATHANAMTHITTA, PIN – 689692

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4JOBIN MATHEW
AGED 27 YEARS
S/O T.P. MATHAIKUTTY THEKKECHARUVIL VEEDU,
PAYYANAMON P.O, KONNI THAZHAM VILLAGE,
KONNI, PATHANAMTHITTA., PIN – 689692

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5 ROY MATHEW AGED 50 YEARS S/O MATHAI THERVELIL HOUSE,

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Crl.M.C.No.6232 of 2023

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-:2:-

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PAYYANAMON P.O, KONNI THAZHAM VILLAGE,
KONNI, PATHANAMTHITTA., PIN – 689692

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BY ADVS.
GEORGE ABRAHAM PACHAYIL
BIJI JOZLET GEORGE

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RESPONDENTS:

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

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2 THE STATION HOUSE OFFICER KONNI POLICE STATION,KONNI, PATHANAMTHITTA DISTRICT., PIN – 689691

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3SAJI SAMUEL
AGED 47 YEARS
S/O M.T SAMUEL KUZHIKKAVAYALIL HOUSE,
PAYYANAMON P.O, KONNI THAZHA,
PATHANAMTHITTA, PIN - 689692
(CW 1/ DEFACTO COMPLAINANT IN THE CASE),

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BY ADV.
DEEPAMOL.O.K

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OTHER PRESENT:

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SRI. ASHI M.C.
PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.6232 of 2023

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-:3:-

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BECHU KURIAN THOMAS, J.

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--------------------------------------Crl.M.C.No.6232 of 2023

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Dated this the 3^rd day of April, 2024

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ORDER

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Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.

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Petitioners are accused Nos. 1 to 5 in C.C. No.627/2022 on the files of the Judicial First Class Magistrate Court-II, Pathanamthitta, arising out of Crime No.272/2022 of Konni Police Station, registered for the offences under Sections 294(b), 324, 323 and 341 r/w Section 34 of the Indian Penal Code, 1860. Third respondent is the defacto complainant.

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According to the prosecution, the accused had, on 27.03.2022, restrained the defacto complainant and abused him thereafter assaulted him and thereby committed the offences alleged.

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Heard the learned counsel for the petitioners and the learned counsel for the respondent, apart from the learned Public Prosecutor.

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The learned counsel for the petitioners submitted that the matter has been settled and hence the proceedings against the petitioners ought to be quashed. It was also submitted that, considering the nature of offences alleged, no purpose would be served by continuing the proceedings.

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Crl.M.C.No.6232 of 2023

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-:4:-

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In Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303], the Apex Court has held that in appropriate cases, the High Court can take note of the amicable resolution of disputes between the victim and the wrongdoer to put an end to the criminal proceedings. This view was reiterated in Narinder Singh and Others v. State of Punjab and Another [(2014) 6 SCC 466] and Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653].

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I have perused the affidavit dated 20.02.2024 filed by the third respondent. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavit is genuine, and the defacto complainant stands by the contents thereof. I am satisfied that the matter has been settled and no public interest is involved in this case. There is no impediment for granting the prayer for quashing. The continuance of the proceedings will only be an exercise in futility.

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Accordingly, all proceedings against the petitioners in C.C. No.627/2022 on the files of the Judicial First Class Magistrate Court-II, Pathanamthitta, are quashed.

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This Crl.M.C is allowed as above.

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Sd/-

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BECHU KURIAN THOMAS JUDGE

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Jka/03.04.24.

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Crl.M.C.No.6232 of 2023

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-:5:-

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APPENDIX OF CRL.MC 6232/2023

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PETITIONERS’ ANNEXURES

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Annexure A 1FINAL REPORT FILED BY KONNI POLICE IN
CRIME NO.272/2022 IN CC NO.627/2022 BEFORE
THE HON'BLE JUDICIAL FIRST CLASS
MAGISTRATE COURT-II, PATHANAMATHITTA.

Justin .K.Thomas v. State of Kerala

Case brief

What is this about?

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Justin .K.Thomas v. State of Kerala

Case brief

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