IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 Crl.MC.No. 4047 of 2010(C) -------------------------------------- [CC.NO.1441/2009 OF JUDL.MAGISTRATE OF FIRST CLASS-I, CHERTHALA] .................... PETITIONER/ACCUSED: ---------------------------------- BRIEN OOMMAN, S/O.THOMAS, AGED 21 YEARS, KULATHUNGAL VEETTIL, THATTARAMBALAM P.O., MAVELIKKARA, NOW RESIDING AT KULATHUNKAL HOUSE, NR.NIRMALA COLLAGE, PUZHAKKADAVU ROAD, MOOVATTUPUZHA. BY ADV. SRI.B.PRAMOD. RESPONDENTS/COMPLAINANT & DEFACTO COMPLAINANT: --------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. FR.CLETUS, S/O.POULEENJU, AGED 55 YEARS, FATHIMA MATHA CHURCH, CMC-2,CHERTHALA, NOW WORKING AS THE VICAR, ST.XAVIERS'S CHURCH, CHELLANAM, ALAPPUZHA DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4047 OF 2010 --------------------------------------------- Dated 22nd October, 2010 O R D E R Petitioner is the accused and second respondent, the de facto complainant in C.C.1441/2009 on the file of Judicial First Class Magistrate's Court-I, Cherthala taken cognizance for the offences under Sections 458 and 393 of Indian Penal Code on Annexure-I final report submitted by Sub Inspector of Police, Cherthala. Annexure-I final report shows that prosecution case is that on the early morning of 11/7/2009 at about 3.30 a.m petitioner was found on the varandha of the rear side of church building. It is alleged that he was having a plastic rope with him and his intention was to commit robbery. Petition is filed under Section 482 of Code of Criminal Crmc 4047/10 2 Procedure contending that the petitioner is a final year student of Medical Mission College, Kolencherry and on that night, while returning after attending a party, petitioner had gone to the church building to stay there and not to commit any offence and in such circumstances, continuation of the proceedings is only an abuse of process of the Court. Petitioner would contend that he has already settled the entire disputes with the second respondent. 2. Second respondent appeared through a counsel and filed an affidavit stating that entire disputes were settled with the petitioner with the full support and consent of Bishop of Alappuzha Diocese, the superior authority, and he has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioner, second respondent and learned Crmc 4047/10 3 Public Prosecutor were heard. 4. Learned counsel appearing for the petitioner submitted that petitioner had no intention at all to commit any offence, while he entered the building on that night and he is a medical student and had gone there to stay as he is familiar with the church and in such circumstances, when the matter has been settled with the second respondent the proceedings may be quashed. 5. Learned counsel appearing for the second respondent submitted that church authorities made all enquiries and is fully satisfied that petitioner had no intention to commit any offence and in such circumstances, it is decided to file and affidavit agreeing to quash the proceedings. Therefore, there is no objection for quashing the proceedings. Learned Public Prosecutor on instructions submitted Crmc 4047/10 4 that petitioner was not involved in any other case, even earlier or subsequent to this case and petitioner is not having any criminal background. 6. In the light of the submission of the learned counsel appearing for the second respondent and learned Public Prosecutor, when it is clear that even if, petitioner is to be tried because of the settlement, there is no likelihood of a successful prosecution. It is not in the interest of justice to continue the prosecution, especially when petitioner is not having any criminal background. Petition is allowed. C.C.1441/2009 on the file of Judicial First Class Magistrate's Court-I, Cherthala is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.