Kiran @ Ponnu vs The State Of Kerala
2021 Latest Caselaw 12013 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

     FRIDAY, THE 16TH DAY OF APRIL 2021 / 26TH CHAITHRA, 1943

                    Crl.MC.No.1328 OF 2021(E)

AGAINST THE ORDER/JUDGMENT IN CP 34/2016 OF JUDICIAL MAGISTRATE OF
                    FIRST CLASS , SASTHAMCOTTA

     CRIME NO.1112/2015 OF SOORANADU POLICE STATION , KOLLAM


PETITIONERS/ACCUSED NO.1 TO 9:

      1      KIRAN @ PONNU, AGED 25 YEARS, S/O RADHAKRISHNA
             PILLAI, KALEEKKATHARA VEEDU, PADINJATTAM MURI,
             SOORANADU NORTH VILLAGE, KUNNATHOOR TALUK,
             KOLLAM DISTRICT-690520.

      2      DEEPU, AGED 27 YEARS, S/O DEVADAS, DEEPU SADANAM,
             PADINJATTAM MURI, SOORANADU NORTH VILLAGE, KUNNATHOOR
             TALUK, KOLLAM DISTRICT-690520.

      3      ANANDHU, AGED 25 YEARS, S/O DEVADAS, DEEPU SADANAM,
             PADINJATTAM MURI, SOORANADU NORTH VILLAGE, KUNNATHOOR
             TALUK, KOLLAM DISTRICT-690520.

      4      JINESH @ KICHU, AGED 24 YEARS, S/O RADHAKRISHNAN,
             KARAZHITHARA VEEDU, PADINJATTAM MURI,
             SOORANADU NORTH VILLAGE, KUNNATHOOR TALUK,
             KOLLAM DISTRICT-690520.

      5      AMAL @ KANNAN, AGED 27 YEARS, S/O YESHODHARAN,
             PAZHOOR PADEETTATHIL VEEDU, PADINJATTAM MURI,
             SOORANADU NORTH VILLAGE, KUNNATHOOR TALUK,
             KOLLAM DISTRICT-690520.

      6      DEEPU, AGED 25 YEARS, S/O VIJAYAN,
             VIJESH BHAVAN, KUNNITHADAM, NADUVILE MURI,
             SOORANADU NORTH VILLAGE, KINNATHOOR TALUK,
             KOLLAM DISTRICT-690520.

      7      CHIKKU RAJAN, AGED 27 YEARS, S/O RAJAN,
             CHIKKU BHAVANAM, KOIKKALETHU KIZHAKKE COLONY,
             THAMARAKULAM THEKKU MURI, THAMARAKULAM VILLAGE,
             ALAPPUZHA DISTRICT-690530.
 Crl MC 1328/21
                                   2

       8         THEJAS, AGED 29 YEARS, S/O RAJENDRAN,
                 THEJAS BHAVAN, PADINJATTAM MURI,
                 SOORANADU NORTH VILLAGE, KUNNATHOOR TALUK,
                 KOLLAM DISTRICT-690520.

       9         ABHIJITH, AGED 26 YEARS, S/O SATHYAN,
                 ABHIJITH BHAVAN, PADINJATTAM KIZHAKKU MURI,
                 SOORANADU NORTH VILLAGE, KUNNATHOOR TALUK,
                 KOLLAM DISTRICT-690520.

                 BY ADVS.
                 SRI.MANU RAMACHANDRAN
                 SRI.KIRANLAL
                 SRI.R.RAJESH
                 SRI.T.S.SARATH
                 SRI.SAMEER M. NAIR

RESPONDENTS/STATE, DE-FACTO COMPLAINANT/INJURED:

       1         THE STATE OF KERALA, REPRESENTED BY PUBLIC
                 PROSECUTOR, HIGH COURT OF KERALA,
                 ERNAKULAM-682031.

       2         THE STATION HOUSE OFFICER
                 POLICE STATION OF SOORANADU,
                 KOLLAM DISTRICT-690520.

       3         SUMESH KUMAR, AGED 39 YEARS, S/O KUMARAN,
                 SUMESH BHAVAN, PADIRICKAL MURI,
                 SOORANADU NORTH VILLAGE, KUNNATHOOR TALUK,
                 KOLLAM DISTRICT-690522.

       4         SREEKUMAR, AGED 44 YEARS, S/O BALAKRISHNAN,
                 THRIVENI(H), PADIRICKAL MURI, SOORANADU NORTH
                 VILLAGE, KUNNATHOOR TALUK, KOLLAM DISTRICT-690522.

       5         SREEJITH, AGED 37 YEARS, S/O BALAKRISHNAN,
                 SREELATHA BHAVAN, PADIRICKAL MURI, SOORANADU NORTH
                 VILLAGE, KUNNATHOOR TALUK, KOLLAM DISTRICT-690522.

       6         THUSHARA, AGED 30 YEARS, W/O SREEJITH,
                 SREELATHA BHAVAN, PADIRICKAL MURI, SOORANADU NORTH
                 VILLAGE, KUNNATHOOR TALUK, KOLLAM DISTRICT-690522

       7         RENJINI, AGED 34 YEARS, W/O SREEKUMAR,
                 THRIVENI (H), PADIRICKAL MURI, SOORANADU NORTH
                 VILLAGE, KUNNATHOOR TALUK, KOLLAM DISTRICT-690522
 Crl MC 1328/21
                                    3



                 BY ADVS.
                 SRI.ANU VARGHESE
                 SRI C M KAMMAPPU

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl MC 1328/21
                                       4




                                 O R D E R

The petitioners are the accused in C.P.No.34/2016 on

the files of the JFMC (Temp) Court, Sasthamkotta, arising

out of Crime No.1112/2015 of Sooranadu Police Station,

Kollam for having allegedly committed the offences

punishable under Sections 143, 147, 148, 323, 324, 308

read with S.149 of IPC.

2. The de facto complainant is the 3rd respondent

herein, who, along with respondents 4 to 7, has appeared

through Adv.Anu Varghese and has filed affidavits as

Annexure-A2 to A6 stating that the matter has been

amicably settled and that they have no existing grievance

against the petitioners. The offences alleged are purely

personal in nature and no serious prejudice will be caused

to the public if the settlement is recognised. Further,

possibility of the case ending in conviction is also very

remote, if not impossible due to the said settlement.

Recognising the said settlement augurs better in the

interests of all.

3. Reliance can be placed on the decisions in Gian Crl MC 1328/21

Singh v. State of Punjab [2012 (4) KLT 108], Narinder

Singh and Others v. State of Punjab and Another

[(2014) 6 SCC 466)] and Yogendra Yadav and Others v.

State of Jharkhand [(2014) 9 SCC 653] for recognizing

the settlement entered into by the parties.

4. In view of the settlement arrived at between the

petitioners and respondents 3 to 7, which is stated by the

investigating officer, as having been voluntarily entered

into, the petitioners are entitled to get the proceedings

quashed under Section 482 of the Cr.P.C. It is also

pertinent to note that the petitioners do not have any

criminal antecedents and no public interest is involved.

In the result, the Crl.M.C.is allowed and the entire

proceedings against the petitioners in C.P.No.34/2016 on

the files of the JFMC (Temp) Court, Sasthamkotta, arising

out of Crime No.1112/2015 of Sooranadu Police Station,

Kollam stands quashed under Section 482 of the Cr.P.C.

Sd/-

BECHU KURIAN THOMAS RR JUDGE Crl MC 1328/21

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE-A1 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO.1112/2015 OF SOORANADU POLICE STATION, KOLLAM DISTRICT WHICH IS NOW PENDING AS CP NO.34/2016 ON THE FILES OF JFMC(TEMP.) COURT, SASTHAMKOTTA.

ANNEXURE-A2 THE ORIGINAL OF THE AFFIDAVIT DATED 27/02/2021 SWORN BY THE 3RD RESPONDENT/DE-FACTO COMPLAINANT.

ANNEXURE-A3 THE ORIGINAL OF THE AFFIDAVIT DATED 27/02/2021 SWORN BY THE 4TH RESPONDENT/CW2.

ANNEXURE-A4 THE ORIGINAL OF THE AFFIDAVIT DATED 27/02/2021 SWORN BY THE 5TH RESPONDENT/CW3.

ANNEXURE-A5 THE ORIGINAL OF THE AFFIDAVIT DATED 27/02/2021 SWORN BY THE 6TH RESPONDENT/CW4.

ANNEXURE-A6 THE ORIGINAL OF THE AFFIDAVIT DATED 27/02/2021 SWORN BY THE 7TH RESPONDENT/CW5.