2025:KER:26440 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 CRL.MC NO. 1941 OF 2025 CRIME NO.413/2011 OF Pathanamthitta Police Station, Pathanamthitta CC NO.615 OF 2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PATHANAMTHITTA PETITIONER/ACCUSED: SHIBU V. G, AGED 40 YEARS S/O GEORGE K.V., VADAKKE VEEDU, THAZHE VETTIPURAM, VETTIPURAM MURI, PATHANAMTHITTA, PIN – 689645. BY ADV JAMES ABRAHAM (VILAYAKATTU) RESPONDENT/STATE & DE FACTO COMPLAINANT: 1 STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, PATHANAMTHITTA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031. 2 ASHOK KUMAR, AGED 50 YEARS, S/O. RAJAPPAN, RESIDING AT MANNIL HOUSE, VETTIPRAM MURIYIL, PATHANAMTHITTA P.O., PATHANAMTHITTA, PIN – 689642. BY ADV AMMU ASHOKAN SRI. M.C. ASHI, PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:26440 CRL.MC NO. 1941 OF 2025 2 ORDER Petitioner is an accused in Crime No.413 of 2011 registered at the Pathanamthitta Police Station for offences under Sections 294(b), 452, 323 and 34 of the Indian Penal Code. 2. The crime was registered on the allegation that, by reason of their previous enmity, the accused trespassed into the shop of the de facto complainant at about 8.30 p.m on 7.6.2011, abused him in filthy language, beat on his left cheek and kicked on the abdomen. On submission of the final report, the case was taken on the files of the Judicial First Class Magistrate Court-I, Pathanamthitta as C.C No.122 of 2011. All accused, except the petitioner, faced trial in that case and were acquitted as per Annexure A3 judgment. The petitioner is seeking to get the proceedings against him quashed on the strength of the judgment of acquittal rendered in the case of his co-accused and 2025:KER:26440 CRL.MC NO. 1941 OF 2025 3 settlement of his dispute with the de facto complainant. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 4. A perusal of Annexure A3 judgment reveals that, during his examination as PW1, the de facto complainant had stated that the accused persons are his neighbors and the dispute is settled. He further deposed that the accused had never attacked him. The court below therefore held the prosecution to have failed in proving the guilt of the accused. Apart from the fact that the substratum of the prosecution case is lost by reason of the findings in Annexure A3 judgment, in view of the settlement, evidenced by Annexure A4 affidavit of the de facto complainant, no purpose will be served by compelling the petitioner to face trial. For the aforementioned reasons, the Crl.M.C is allowed and all further proceedings in C.C No.615 of 2017 pending on 2025:KER:26440 CRL.MC NO. 1941 OF 2025 4 the files of the Judicial First Class Magistrate Court-I, Pathanamthitta, as against the petitioner, is quashed. Sd/- V.G.ARUN JUDGE Sru 2025:KER:26440 CRL.MC NO. 1941 OF 2025 5 APPENDIX OF CRL.MC 1941/2025 PETITIONER’S ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO. 413/2011 DATED 7.6.2011 OF PATHANAMTHITTA POLICE STATION Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 413/2011 OF PATHANAMTHITTA POLICE STATION Annexure A3 A TRUE COPY OF JUDGMENT IN C.C. NO. 122 OF 2011 DATED 8.6.2017 Annexure A4 AN AFFIDAVIT DATED 24.2.2024 SWORN BY THE 2ND RESPONDENT