Rhetwik vs State Of Kerala
2021 Latest Caselaw 11995 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

    TUESDAY, THE 13TH DAY OF APRIL 2021 / 23RD CHAITHRA, 1943

                       Crl.MC.No.5627 OF 2020(C)

  AGAINST THE ORDER/JUDGMENT IN CRIME NO.1167 OF 2020 OF HOSDURG
                     POLICE STATION, KASARAGOD

PETITIONERS/ACCUSED:

      1      RHETWIK, AGED 24 YEARS,
             S/O.V.SUKUMARAN, MOOVARIKKUND, P.O.PADANNAKKAD,
             KANHANGAD VILLAGE, HOSDURG TALUK-671314.

      2      JITHIN LAL, AGED 19 YEARS,
             S/O.SASI, MOOVARIKKUND, P.O.PADANNAKKAD,
             KANHANGAD VILLAGE, HOSDURG TALUK-671314.

      3      HARIKRISHNAN, AGED 24 YEARS,
             S/O.KUNHIKRISHNAN, MOOVARIKKUND, P.O.PADANNAKKAD,
             KANHANGAD VILLAGE, HOSDURG TALUK-671314.

             BY ADV. SRI.A.ARUNKUMAR

RESPONDENTS/STATE/COMPLAINANT:
       1     STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM-682031.

      2      VAISAKH.A, AGED 19 YEARS,
             S/O.NARAYANAN, PATTAKKAL, KANHANGAD VILLAGE, HOSDURG
             TALUK, KASARAGOD DISTRICT-671314.

      ADDL.3 SREEJITH P, AGED 34 YEARS, S/O SUDHAKARAN, PATTAKKAL,
             KANHANGAD VILLAGE, HOSDURG TALUK,
             KASARAGOD DISTRICT - 671 315

             R2 BY ADV. P.K.SUBHASH
             R3 BY ADV. VIPIN T JOSE

             PUBLIC PROSECUTORSRI RAMESH CHAND

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.5627 OF 2020(C)           2




                              ORDER

Petition filed under section 482 Cr.P.C.

2. The petitioners are the accused in Crime

No.1167/2020 of Hosdurg Police Station for the

offence punishable under Section 341, 323, 324,

506(ii), 308, r/w 34 of IPC.

3. Heard both sides and perused the records.

4. The public prosecutor submits that the

defacto complainant had given a statement to the

Investigating Officer that the matter has been

settled between the parties.

5. I have perused the affidavits (Annexure-AII

and Annexure-AIII) filed by the 2nd and 3rd

respondents. I am satisfied that the matter has been

settled and no public interest is involved in this

case. There is no impediment for granting the prayer

of the petitioners. Continuation of the proceedings

will be a harassment and an abuse of the process of

court.

In view of the above, Annexure A1 FIR in Crime

No.1167/2020 of Hosdurg Police station, Kasaragod is

quashed. Crl.M.C. is allowed accordingly.

Sd/-

BECHU KURIAN THOMAS JUDGE MSP

APPENDIX OF Crl.MC 5627/2020 PETITIONER'S/S ANNEXURES:

ANNEXURE AI A TRUE COPY OF THE F.I.R IN CRIME NO.1167 OF 2020 OF HOSDURG POLICE STATION.

ANNEXURE AII A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT.

ANNEXURE AIII A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE ADDITIONAL 3RD RESPONDENT

RESPONDENTS ANNEXURES:NIL

//TRUE COPY//

P.A. TO JUDGE