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Kerala High Court
Liju Thomas vs State Of Kerala on 23 February, 2024
Author: V.G.Arun
Bench: V.G.Arun
Crl.M.C.No.1021 of 2024 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
CRL.MC NO. 1021 OF 2024
CRIME NO.0859/2023 OF Thrikkodithanam Police Station, Kottayam
PETITIONERS/ACCUSED:
1 LIJU THOMAS
AGED 34 YEARS
S/O THOMAS GEORGE,ANJILIPARAMPIL HOUSE, VENGKOTTA
BHAGAM, MADAPPLLY P.O.,MADAPPALLY VILLAGE,, PIN –
686546
2 LISSAMMATHOMAS
AGED 58 YEARS
W/O THOMAS GEORGE,ANJILIPARAMPIL HOUSE, VENGKOTTA
BHAGAM, MADAPPLLY P.O.,MADAPPALLY VILLAGE,
KOTTAYAM DISTRICT, PIN – 686546
3 THOMAS JOSEPH
AGED 60 YEARS
S/O JOSEPH, ANJILIPARAMPIL HOUSE, VENGKOTTA BHAGAM,
MADAPPLLY P.O.,MADAPPALLY VILLAGE,
KOTTAYAM DISTRICT, PIN – 686546
4 LINSON THOMAAS
AGED 36 YEARS
S/O THOMAS GEORGE, ANJILIPARAMPIL HOUSE, VENGKOTTA
BHAGAM, MADAPPLLY P.O.,MADAPPALLY VILLAGE,
KOTTAYAM DISTRICT, PIN – 686546
BY ADVS.
T.P.PRADEEP
P.K.SATHEES KUMAR
R.K.PRASANTH
MINIKUMARY M.V.
JIJO JOSEPH
Crl.M.C.No.1021 of 2024 2
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN – 682031
2 SUSAN GEORGE
AGED 56 YEARS
W/O GEORGE P.V,PAZHOOR HOUSE, VALAKKUZHY P.O
,EZHUMATTOOR VILLAGE, MALLAPPALLY TALUK,
PATHANAMTHITTA DISTRICT, PIN – 689544
3 KRIPA GEORGE
AGED 32 YEARS
D/O GEORGE, PAZHOOR HOUSE, VALAKKUZHY P.O,
EZHUMATTOOR VILLAGE, MALLAPPALLY TALUK,
PATHANAMTHITTA DISTRICT, PIN – 689544
BY ADV P.V.DILEEP
OTHER PRESENT:
SR.PP.V.TEKCHAND
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.1021 of 2024 3
V.G.ARUN J.
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Crl.M.C.No.1021 of 2024
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Dated this the 23rd day of February 2024
ORDER
Petitioners are the accused in Crime No.859/2023
registered at Thrikkodithanam Police Station for offences
punishable under Sections 498A, 323 and 506 of IPC. The de
facto complainant is arrayed as the second respondent and the
injured as the third respondent. Affidavits have been filed by
the second and third respondents stating that the dispute,
which had compelled them to file the complaint, leading to
registration of the crime, has been settled amicably and they
have no subsisting grievance against the petitioners.
2. Heard the learned Public Prosecutor also, who, 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 perused the affidavits,
the contents of which are vouched to be true and voluntary by
the learned Counsel for the second and third respondents, I
Crl.M.C.No.1021 of 2024 4
am satisfied that no public interest is involved in this matter
and the dispute has been settled amicably. Moreover, in view
of the settlement arrived at between the parties, there is no
possibility of the criminal proceedings ending in conviction. 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.
In the result, this Crl.M.C is allowed. Annexure -A FIR and
all proceedings in Crime No.859 of 2023 of Thrikkodithanam
Police station, against the petitioners, are quashed.
Sd/-
V.G.ARUN
JUDGE
dpk
Crl.M.C.No.1021 of 2024 5
PPENDIX OF CRL.MC 1021/2024
PETITIONER ANNEXURES
Annexure A COPY OF THE FIR NO.859/2023 OF THRIKKODITHANAM
POLICE STATION DATED 10/06/2023
Annexure b A TRUE COPY OF THE AFFIDAVIT SWORN BY THE DEFACTO
COMPLAINANT DATED 21/12/2023
Annexure c A TRUE COPY OF THE AFFIDAVIT SWORN BY THE VICTIM
DATED 10/12/2023
