Shijimon Joseph v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 15TH DAY OF DECEMBER 2015/24TH AGRAHAYANA, 1937 Crl.MC.No. 7140 of 2015 () --------------------------- IN CC 320/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT.-I, CHERTHALA CRIME NO. 132/2004 OF KUTHIYATHODE POLICE STATION , ALAPPUZHA PETITIONER(S)/ACCUSED NO.2:
---------------------------------------------------- SHIJIMON JOSEPH, S/O.JOSEPH AGED 34 YEARS PUTHUKKATTU VEETTIL, EZHUPUNNA VILLAGE CHERTHALA TALUK.
BY ADV. SRI.B.PRAMOD RESPONDENT(S)/RESPONDENTS:
----------------------------------------------------
1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
2. VRINDA DEVI AGED 58 YEARS, W/O.GAJENDRA KAMMATH, JAYA NIVAS THURAVOOR KURTHIYATHODU VILLAGE, CHERTHALA.
R2 BY ADV. SRI.P.SHANES METHAR R1 BY ADV. JUSTIN JACOB, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7140 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE 1:
COPY OF THE CHARGE SHEET IN CRIME NO.132/2004 OF KUTHIATHODU POLICE STATION, ALAPPUZHA DISTRICT. ANNEXURE II:
AFFIDAVIT OF THE 2ND RESPONDENT.
RESPONDENT(S)' EXHIBITS: N I L --------------------------------------- //TRUE COPY// P.A. TO JUDGE JV
P. UBAID, J.
------------------------------- Crl.M.C.No.7140 of 2015 ---------------------------------------------- Dated this the 15th day of December, 2015
ORDER
The petitioner herein is the 2nd accused in C.C.No.746/2004 of the Judicial First Class Magistrate Court - I, Cherthala. During the proceedings, both the accused absconded from legal process. The case then happened to be transferred to the register of long pending cases. The first accused later surrendered on 03.10.2008.
His case was refiled as C.C.No.1327/2008, and after trial, he was convicted by the Court under Section 379 IPC. The first accused was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rupees Three thousand. The case against the petitioner herein continued in the register of long pending cases till he surrendered in February 2014. His case is now pending as C.C.No.320/2014 in the court below. He now seeks orders quashing the prosecution against him on the ground of amicable settlement of the whole dispute between him and the de facto complainant. The 2nd respondent herein is the victim of offence. She has filed affidavit to the effect that the whole dispute stands
Crl.M.C.No.7140/2015 settled and she has no grievance or complaint now. After 2009, the offence under Section 379 IPC is compoundable under the law, irrespective of the value of the stolen article. As on the date of commission of the offence in this case also, it was compoundable, subject to a limit of Rupees Two thousand. Composition is not possible because the value of the subject matter exceeds Rupees Two thousand. That is why the petitioner now seeks orders from this Court under Section 482 of the Code of Criminal Procedure.
2.
The victim's affidavit shows that the whole dispute now stands settled further. It is submitted that the victim has received double the value of the stolen article. I find that the parties have come to terms amicably and the parties are now on quite cordial terms. I do not think that quashing the proceedings against the petitioner will convey any wrong message when the offence is presently compoundable under the law. In the result, the petition is allowed. The prosecution against the petitioner in C.C.No.320/2014 of the Judicial First Class Magistrate Court - I, Cherthala will stand quashed under Section 482 of the Code of Criminal Procedure. SD/- P. UBAID JV JUDGE