Kerala High Court
Crl.MC/3345/2023 of BINU K PUNNOSE Vs STATE OF KERALA on 29 December 2023
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE G.GIRISH FRIDAY, THE 29TH DAY OF DECEMBER 2023 / 8TH POUSHA, 1945 CRL.MC NO. 3345 OF 2023 CRIME NO.154/2023 OF Hill Palace Police Station, Ernakulam PETITIONER/S: 1 BINU K PUNNOSE AGED 45 YEARS, S/O. PUNNOSE K, RESIDING AT
IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
FRIDAY, THE 29[TH] DAY OF DECEMBER 2023 / 8TH POUSHA, 1945CRL.MC NO. 3345 OF 2023
CRIME NO.154/2023 OF Hill Palace Police Station, ErnakulamPETITIONER/S:
1BINU K PUNNOSEAGED 45 YEARS, S/O. PUNNOSE K, RESIDING AT KARUKUNNATH (H), KOKKAPPILLY P.O, VENNIKULAM, AGED 45 YEARS, S/O. PUNNOSE K, RESIDING AT KARUKUNNATH (H), KOKKAPPILLY P.O, VENNIKULAM, THIRUVANIYOOR, ERNAKULAM, PIN - 682305
2LEBONIMOLEAGED 43 YEARS, D/O KURIAKOSE, RESIDING AT KARUKUNNATH (H), KOKKAPPILLY P.O, VENNIKULAM, THIRUVANIYOOR, ERNAKULAM, PIN - 682305AGED 43 YEARS, D/O KURIAKOSE, RESIDING AT KARUKUNNATH (H), KOKKAPPILLY P.O, VENNIKULAM, THIRUVANIYOOR, ERNAKULAM, PIN - 682305
KARUKUNNATH (H), KOKKAPPILLY P.O, VENNIKULAM, BY ADVS.
V.HARISH
RAJAN VISHNURAJ
RESPONDENT/S:
1STATE OF KERALA(REPRESENTED BY STATION HOUSE OFFICER, HILL PALACE POLICE STATION) REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2V.K GIREESH KUMARAGED 43 YEARS, S/O VISWANATHA PILLAI, RESIDING AT KIZHAKKEKOYIKKAL, MANGARAM, KONNI P.O, PATHANAMTHITTA, PIN - 689691
BY ADV.
SMT.NIMA JACOB, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSIONON 29.12.2023, THE COURT ON THE SAME DAY PASSED THEFOLLOWING:
G. GIRISH, J.
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Crl.MC No.3345 of 2023
---------------------------------------- Dated this the 29[th ]day of December, 2023
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O R D E R
Heard the learned counsel appearing for the petitioners, the learned Public Prosecutorrepresenting the 1[st] respondent and the learnedcounsel Adv. Noel Jacob appearing for the 2[nd]respondent.
2. The present Crl.MC is filed under Section 482 of the Code of Criminal Procedure forquashing Annexure-A1 F.I.R. in Crime No.154/2023of Hill Palace Police Station, Ernakulam and allfurther proceedings pursuant to it.
3. It is submitted by the counsel representing the petitioners and the secondrespondent that the dispute between the partieshave been amicably settled pursuant to amediation at the instance of High Court MediationCentre. A copy of the memo of settlement underSection 89 of the Code of Civil Procedure r/w Rules24 and 25 of the Civil Procedure (AlternativeDispute Resolution), Rules 2008 has been broughton record as Annexure-A4.
4. ThelearnedPublicProsecutorrepresenting the 1[st] respondent also submittedthat she has got instructions from theinvestigating officer that the parties haveamicably sorted out the dispute between themand that the defacto complainant had given astatement before the 1[st] respondent that he is not at all interested in proceeding with theprosecution pursuant to Annexure-A1 F.I.R. A copyof the statement submitted by the Inspector ofPolice, Hill Palace Police Station is placed beforeme for perusal.
5. Having regard to the facts andcircumstances of the case as revealed from theabove records, as well as the submissions at bar, Ifeel that the criminal proceedings pursuant toAnnexure-A1 F.I.R. are totally unnecessary. Thecontinuation of the above criminal proceedingswill not serve any purpose and it will only lead tothe abuse of process of court. In the abovecircumstances, it appears to be necessary in theinterest of justice to quash all further proceedingspursuant to Annexure-A1 F.I.R. registered in Crime
No.154/2023 of Hill Palace Police Station,Ernakulam City.
In the result, the petition stands allowed.
Annexure-A1 F.I.R. in Crime No.154/2023 of HillPalace Police Station, Ernakulam, and all furtherproceedings pursuant to it, stand quashed.
Sd/-
nvj
G. GIRISH
JUDGE
CRL.MC NO.3345 OF 2023
APPENDIX OF CRL.MC 3345/2023
PETITIONER ANNEXURES