K.L.JOY v. STATE OF KERALA

Court: High Court of Kerala

Bench: HONOURABLE MR.JUSTICE V.G.ARUN

Judgment date: 2020-12-18

Case summary

High Court of Kerala judgment dated 2020-12-18. K.L.JOY v. STATE OF KERALA. Read the judgment and case details on LawSphereX.

Judgment text

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE V. G. ARUN FRIDAY, THE 18TH DAY OF DECEMBER 2020 / 27TH AGRAHAYANA, 1942 Crl. MC. No. 5328 OF 2020(E) THE JUDGMENT IN CC 1231/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, CHALAKUDY NO. 522/2019 OF Vellikulangara Police Station , Thrissur PETITIONER/ACCUSED: K. L. JOY AGED 46 YEARS S/O. LONAPPAN, KOOTATY HOUSE, PONNAMBIYOLI DESOM, KUTTICHIRA VILLAGE, THRISSUR DISTRICT-680 724 BAIJU, AGED 43 YEARS S/O. JOSE, CHAKYETH HOUSE, PONNAMBIYOLI DESOM, KUTTICHIRA VILLAGE, THRISSUR DISTRICT-680 724 DAVIES AGED 50 YEARS S/O. ANTONY, PALATHINGAL HOUSE, PONNAMBIYOLI DESOM, KUTTICHIRA VILLAGE, THRISSUR DISTRICT-680 724 ANTU, AGED 54 YEARS S/O. DEVASSY, KOOTATY HOUSE, PONAMBIYOLLI DESOM, KUTTICHIRA VILLAGE, THRISSUR DISTRICT-680 724 DANTY AGED 48 YEARS S/O. OUSEPH, MADONA HOUSE, PONAMBIYOLLI DESOM, KUTTICHIRA VILLAGE, THRISSUR DISTRICT-680 724 VARGHESE, AGED 44 YEARS S/O.

KARIYAPPAN, KANNAMBILLY HOUSE, PONAMBIYOLLI DESOM, KUTTICHIRA VILLAGE, THRISSUR DISTRICT-680 724 POLY AGED 55 YEARS S/O. KOCHUVARKEY, PARIYADEN HOUSE, PONAMBIYOLLI DESOM, KUTTICHIRA VILLAGE, THRISSUR DISTRICT-680 724 8 JHONY Crl. MC. No. 5328 OF 2020(E) .. 2.. AGED 63 YEARS S/O. LONAPPAN, PALISSERY HOUSE, PONAMBIYOLLI DESOM, KUTTICHIRA VILLAGE, THRISSUR DISTRICT-680 724 9 BENNY, AGED 30 YEARS S/O. THOMAS, KANJOOTHARA HOUSE, PONAMBIYOLLI DESOM, KUTTICHIRA VILLAGE, THRISSUR DISTRICT-680 724 10 JOY. C. K. AGED 55 YEARS S/O. KUNJUVAREETH, CHILLAYI HOUSE, PONAMBIYOLLI DESOM, KUTTICHIRA VILLAGE, THRISSUR DISTRICT-680 724 11 SHIJO MATTHEW AGED 46 YEARS S/O. MATTHEW, PERUMALAYIL HOUSE, HOUSE, PONNAMBIYOLLI DESOM, KUTTICHIRA VILLAGE, THRISSUR DISTRICT-680 724 12 GEORGE, AGED 66 YEARS S/O. KOCHAPPAN, PEENIKAPRAMBIL HOUSE, HOUSE, PONNAMBIYOLLI DESOM, KUTTICHIRA VILLAGE, THRISSUR DISTRICT-680 724 13 PRINCE AGED 35 YEARS S/O.

FRANCIS,CHAKKOTHMOOD HOUSE, HOUSE, PONNAMBIYOLLI DESOM, KUTTICHIRA VILLAGE, THRISSUR DISTRICT-680 724 14 SURAG AGED 35 YEARS S/O. SUBRAMANIAN, PUSHPAKATH HOUSE, HOUSE, PONNAMBIYOLLI DESOM, KUTTICHIRA VILLAGE, THRISSUR DISTRICT-680 724 BY ADV. SHRI. RAPHAEL THEKKAN RESPONDENT/STATE AND DE FACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,KOCHI-682 031 Crl. MC. No. 5328 OF 2020(E) .. 3.. 2 STATION HOUSE OFFICER, VELLIKULANGARA POLICE STATION, THRISUR-680 684 3 SALESH SIVADASAN AGED 29 YEARS POTTAKKAL HOUSE, CHAIPPANKUZHY, KUTTICHIRA VILLAGE, THRISSUR DISTRICT-680 724 R3 BY ADV. JITHIN BABU A OTHER PRESENT: PP SREEJA V. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18. 12. 2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl. MC. No. 5328 OF 2020(E) .. 4.. ORDER Dated this the 18th day of December 2020 Petitioners are the accused in Crime No.

522/2019 registered at the Vellikulangara Police Station for offences punishable under Sections 143, 147, 341 and 506 r/w 149 of IPC, now pending as C. C. No. 1231/2019 on the files of the Judicial First Class Magistrate Court, Chalakudy. The de facto complainant, at whose instance the crime was rd registered, is arrayed as the 3 respondent. rd Annexure-A3 affidavit has been filed by 3 respondent stating that the dispute, which was the reason for the incident and registration of the crime, has been resolved amicably and he has no subsisting grievance against the petitioners. 2. Heard the learned Public Prosecutor also, who, Crl. MC. No. 5328 OF 2020(E) .. 5.. on instructions, submits that the petitioners have no criminal antecedents. 3.

Having considered the gravity of the offences alleged, nature of the injury caused and having rd perused the affidavit filed by the 3 respondent, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and no public interest is involved in this matter. Moreover, in view of the settlement, possibility of the criminal proceedings ending in conviction is remote. As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] and Gian Singh v. State of Punjab and another [(2012) 10 SCC 303], there is no impediment in granting the relief sought. Crl. MC. No. 5328 OF 2020(E) .. 6.. In the result, this Crl. M. C is allowed. The proceedings in C. C. No. 1231/2019 on the files of the Judicial First Class Magistrate Court, Chalakudy is quashed. Sd/- V. G. ARUN SB/18/12/2020 JUDGE Crl. MC.

No. 5328 OF 2020(E) .. 7.. APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE-A1 TRUE COPY OF THE FIR IN CRIME NO. 533/2019 DATED 23. 09. 2019 OF VELLIKULANGARA POLICE STATION, THRISSUR DISTRICT ANNEXURE-A2 TRUE COPY OF THE FINAL REPORT IN CRIME NO. 522/2019 DATED 23. 09. 2019 OF VELLIKULANGARA POLICE STATION, THRISSUR DISTRICT ANNEXURE-A3 ORIGINAL OF THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 07. 07. 2020 //true copy// P. A to Judge

Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.