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Biju Thomas vs The State Of Kerala on 7 May, 2021

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE GOPINATH P.

FRIDAY, THE 07TH DAY OF MAY 2021 / 17TH VAISAKHA, 1943

Crl.MC.No.701 OF 2021(G)

(CRIME NO.1135/2013 OF ANCHALUMMOODU POLICE STATION, KOLLAM
DISTRICT IN CC NO.1186/2013 OF JFCM I COURT, KOLLAM)

PETITIONERS/ACCUSED:

1 BIJU THOMAS, AGED 45 YEARS,
S/O. AMBROSE, VALIYATHU VADAKATHIL, VADAKKEKKARA,
THRIKKARUVA, KOLLAM DISTRICT-691 601.

2 CHINNAMMA, AGED 86 YEARS,
W/O. AMBROSE, VALIYATHU VADAKATHIL, VADAKKEKKARA,
THRIKKARUVA, KOLLAM DISTRICT-691 601.

3 GEETHA, AGED 53 YEARS,
W/O. CLEETUS, LAIJU BHAVANAM, ARINALLUR,
THEVALAKKARA, KOLLAM DISTRICT-690 538.

4 FRANCIS, AGED 62 YEARS,
S/O. AMBROSE, VALIYATHU VADAKATHIL, VADAKKEKKARA,
THRIKKARUVA, KOLLAM DISTRICT-691 601.

BY ADVS.
SRI.JUSTINE JACOB
SRI.K.S.ARUN KUMAR

RESPONDENTS/STATE/COMPLAINANT:

1 THE STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.

2 NIRMALA, AGED 37 YEARS,
D/O. ALOCIOUS, KOCHUKAROTTU KIZHAKKATHIL,
KAIRALI JUNCTION P.O, KUNNATHUR, KOLLAM-690 521.

R2 BY ADV. VIJAY SANKAR V.H.
PP, MR.C.S.HRITHWIK

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.05.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.701 OF 2021(G)

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ORDER

Dated this the 7th day of May 2021

This is a petition filed seeking to quash

Annexure-II Final Report in C.C.No.1186 of 2013 on

the file of the Judicial First Class Magistrate

Court-I, Kollam. The said case arises out of Crime

No.1135 of 2013 of Anchalumood Police Station,

Kollam District and alleges the commission of

offences punishable under Section 498A r/w Section

34 of the Indian Penal Code.

2. I have heard the learned counsel for the

respective parties and the learned Public

Prosecutor.

3. On going through the pleadings and the

records produced before this Court, it is seen

that this case arose out of marital discord. The

de facto complainant has sworn to an affidavit

before this Court stating that she has no
Crl.MC.No.701 OF 2021(G)

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objection in the proceedings initiated against the

petitioners being quashed. There is no reason to

doubt the genuineness of the settlement.

4. The Hon’ble Supreme Court in Gian Singh

vs. State of Punjab [2012 (10) SCC 303] and

Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur

and others vs. State of Gujarat and another

[(2017) 9 SCC 641] has held that considering the

facts and circumstances of a case, where the High

Court is satisfied that an amicable settlement has

been arrived between the parties and the offence

is not serious in nature involving mental

depravity etc., criminal proceedings may be

quashed, in order to secure the ends of justice.

5. After considering the facts and

circumstances of the case I am convinced that ends

of justice would justify the exercise of the

inherent power of this Court. No public interest

is involved. The chances of conviction are remote
Crl.MC.No.701 OF 2021(G)

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and the continuation of the proceeding would only

be a wastage of judicial time.

In the result, this Criminal M.C. is allowed.

C.C.No.1186 of 2013 on the file of the Judicial

First Class Magistrate Court-I, Kollam District,

will stand quashed.

This Criminal M.C. is disposed of,

accordingly.

Sd/-

GOPINATH P.

JUDGE
akv
Crl.MC.No.701 OF 2021(G)

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APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE I TRUE COPY OF FIR IN CRIME NO. 1135/2013
OF ANCHALUMOODU POLICE.

ANNEXURE II CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 1135/2013 OF ANCHALUMOODU
POLICE STATION.

ANNEXURE III AFFIDAVIT SWORN BY THE 2ND RESPONDENT.

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