2025:KER:27830 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 1ST DAY OF APRIL 2025/11TH CHAITHRA, 1947 CRL.MC NO. 2941 OF 2025 CRIME NO.207/2006 OF MUNAMBOM POLICE STATION, ERNAKULAM AGAINST THE ORDER/JUDGMENT IN CC NO.25 OF 2007 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, NORTH PARAVUR PETITIONER/ACCUSED NO.1: JOSEPH @ JOMON, AGED 49 YEARS, S/O.EARNEST @ CHINNAPPAN, KUREKKATTU HOUSE, PULIMUTTUBHAGAM, MUNAMBAM KARA, KUZHUPPILLY VILLAGE, ERNAKULAM, PIN - 683515 BY ADVS. K.C.SANTHOSHKUMAR K.K.CHANDRALEKHA RESPONDENTS/STATE & DEFACTO COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 THE STATION HOUSE OFFICER, MUNAMBAM POLICE STATION, PALLIPORT P.O., ERNAKULAM, PIN - 683515 3 ANTONY, AGED 75 YEARS, S/O. LAWRENCE, KURISINGAL HOUSE, KUZHUPPILLY, PALLIPPORT P.O., ERNAKULAM DISTRICT, PIN - 683515 BY ADV K.S.SUDHA SRI. RENJITH GEORGE, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 2941 OF 2025 2 2025:KER:27830 ORDER Dated this the 1st day of April, 2025 Petitioner is the 1st accused in Crime No.207 of 2006 registered at the Munambam Police Station for the offence punishable under Section 326 read with 34 of the Indian Penal Code. On submission of final report, the case was numbered as C.C No.25 of 2007 on the files of the Judicial First Class Magistrate Court-I, North Paravur. The accused faced trial in that case and upon finding them guilty, were convicted and sentenced as per Annexure A judgment. Even though an appeal was preferred against the conviction and sentence, the same was dismissed as per Annexure B judgment. Aggrieved, the petitioner preferred a revision before the High Court, which also met with the same fate. The Special Leave Petition filed by the petitioner was CRL.MC NO. 2941 OF 2025 3 2025:KER:27830 dismissed by the Supreme Court also. The petitioner has sought review of that order and the matter is under consideration. In the meanwhile, petitioner settled the dispute with the 3rd respondent/ de facto complainant, evidenced by Annexure E affidavit. 2. Learned counsel for the petitioner placed reliance on the decision in Soban v. State of Kerala [2021 (3) KHC 383] to contend that this Court has ample power to quash the proceedings even at the post conviction stage. In this regard, reference is also made to Annexure F order of this Court, rendered under almost similar circumstances. 3. Learned Counsel for the 3rd respondent also submitted that the dispute is settled and her client has no grievance against the petitioner. 4. I heard the learned Public Prosecutor also. 5. As held by this Court in Soban (supra), a judgment of conviction or its confirmation in appeal CRL.MC NO. 2941 OF 2025 4 2025:KER:27830 and revision does not take away the plenary power possessed by the High Court under Section 482 of Cr.P.C. It is also pertinent to note that the judgments have not attained finality in view of the pendency of the review petition before the Supreme Court. In allowing this Crl.M.C, I am guided by the legal position set out by the Apex 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]. 6. Having considered the gravity of the offences alleged and having perused the affidavit, the contents of which are vouched to be true and voluntary by the Counsel for the 3rd respondent, I am satisfied that no public interest is involved in this matter and the dispute has been settled amicably. In the result, this Crl.M.C is allowed. The final report in Crime No.207 of 2006 of Munambam CRL.MC NO. 2941 OF 2025 5 2025:KER:27830 Police Station and all further proceedings in C.C No.25 of 2007 on the files of the Judicial First Class Magistrate Court-I, North Paravur, as against the petitioner, is quashed. Sd/- V.G.ARUN JUDGE ARK CRL.MC NO. 2941 OF 2025 6 2025:KER:27830 APPENDIX OF CRL.MC 2941/2025 PETITIONER ANNEXURES ANNEXURE A THE COPY OF THE JUDGEMENT DATED 29.01.2013 IN C.C.25/2007 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, NO.I, NORTH PARAVUR ANNEXURE B THE COPY OF THE JUDGEMENT 04.11.2015 CRL.A.NO. 95/2013 ON THE FILE OF ADDITIONAL DISTRICT & SESSIONS NO.II, NORTH PARAVUR ANNEXURE C THE COPY OF THE JUDGMENT DATED 11.08.2023 AND IN CRL.R.P.NO.133/2016 PASSED BY THIS HONOURABLE COURT ANNEXURE D THE COPY OF THE JUDGMENT DATED 12.07.2024 IN SLP NO.7744/2024 PASSED BY THE APEX COURT ANNEXURE E THE SWORN AFFIDAVIT DATED 1802.2025 EXECUTED BY THE DEFACTO COMPLAINANT ANNEXURE F THE TRUE COPY OF THE ORDER DATED 17.02.2025 IN CRL.M.C.1181/2025 ANNEXURE G THE COPY OF THE ONLINE INFORMATION RECEIVED ON 31.03.2025