Ujith vs State Of Kerala
2021 Latest Caselaw 12043 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.5001 OF 2020(E)

 AGAINST THE ORDER/JUDGMENT IN CC 538/2017 OF JUDICIAL MAGISTRATE
                     OF FIRST CLASS ,ALATHUR

      CRIME NO.284/2017 OF Nenmara Police Station , Palakkad


PETITIONERS/ACCUSED 1 TO 6:

      1      UJITH
             AGED 22 YEARS
             S/O.UNNIKRISHNAN, VEERANGATH HOUSE, NETTAYAMKADU,
             VITHANALLARI, NEMMARA, PALAKKAD DISTRICT.

      2      ULLAS,
             AGED 27 YEARS
             S/O.UNNIKRISHNAN, VEERANGATH HOUSE, NETTAYAMKADU,
             VITHANALLARI, NEMMARA, PALAKKAD DISTRICT.

      3      SATHEESH,
             AGED 37 YEARS
             S/O.KRISHNAN, VITHAYATH HOUSE, NENMARAPADAM,
             VITHANALLARI, PALAKKAD DISTRICT.

      4      UNNIKRISHNAN,
             AGED 27 YEARS
             S/O.BHASKARAN, NENMARAPADAM, VITHANALLARI, PALAKKAD
             DISTRICT.

      5      AKHIL,
             AGED 26 YEARS
             S/O.MANIKANTAN, KOTTEKAD (H), CHERAMANGALAM P.O.,
             NENMARA, PALAKKAD DISTRICT.

      6      ARUN,
             AGED 26 YEARS
             S/O.CHAMUKUTTAN, VEERANGATH HOUSE, NETTAYAMKADU,
             VITHANALLARI, NENMARA, PALAKKAD DISTRICT.

             BY ADVS.
             SRI.SAIJO HASSAN
             SRI.BENOJ C AUGUSTIN
             SRI.RAFEEK. V.K.
             SMT.P.PARVATHY
             SMT.SURYA P SHAJI
 Crl.MC.No.5001 OF 2020(E)

                               2

             SHRI.MANAS P HAMEED
             SMT.AATHIRA SUNNY

RESPONDENTS/DEFACTO COMPLAINANT & WITNESSES:

      1      STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM, KOCHI-31.

      2      THE SUB INSPECTOR OF POLICE
             NENMARA POLICE STATION, PALAKKAD DISTRICT-678508.

      3      SUKU
             AGED 24 YEARS
             S/O.GANGADHARAN, AKAMPADAM, POTHUNDI P.O., NEMMARA,
             PALAKKAD DISTRICT-678508.

      4      SHIBU
             AGED 22 YEARS
             S/O.CHANDRAN, AKAMPADAM, POTHUNDI P.O., NEMMARA,
             PALAKKAD DISTRICT-678508.

      5      SYAMSUNDAR
             AGED 22 YEARS
             S/O.SUNDARAN, THANICHODU HOUSE, AKAMPADAM, POTHUNDI
             P.O., NEMMARA, PALAKKAD DISTRICT-678508.

      6      VIPIN
             AGED 22 YEARS
             S/O.VENUGOPALAN, AKAMPADAM, POTHUNDI P.O., NEMMARA,
             PALAKKAD DISTRICT-678508.

             R3-6 BY ADV. ELDHO.N.MONCY



             PP SRI RAMESH CHAND

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.5001 OF 2020(E)

                                    3




                                 ORDER

Dated this the 16th day of April 2021

The petitioners are the accused in C.C.No538/2017 on the files of

the Judicial First Class Magistrate Court, Alathur arising from Crime

No.284/2017 of Nenmara Police Station, Palakkad District having

allegedly committed the offences punishable under Sections 143, 147,

148,341,323,324 r/w 143 IPC.

2. The de facto complainants are respondents 3 to 6

herein, who have appeared through Adv.Eldho N. Moncy and have filed

affidavits as Annexure III, IV, V and VI 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 Singh

v. State of Punjab [2012 (4) KLT 108], Narinder Singh and Crl.MC.No.5001 OF 2020(E)

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 the respondents 3 to 6, 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 all proceedings

against the petitioners in CC 538/2017 on the file of the Judicial First

Class Magistrate Court, Alathur arising from Crime No.284/2017 of

Nenmara Police Station, Palakkad District stands quashed under

Section 482 of the Cr.P.C.

Sd/-

BECHU KURIAN THOMAS

JUDGE

Jm/ Crl.MC.No.5001 OF 2020(E)

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE I TRUE COPY OF THE FIR DATED 06.04.2017 IN CRIME NO.284/2017, NENMARA POLICE STATION.

ANNEXURE II TRUE COPY OF THE FINAL REPORT DATED 06.04.2017 IN CRIME NO.284/2017, NENMARA POLICE STATION.

ANNEXURE III TRUE COPY OF THE AFFIDAVIT FILED BY 3RD RESPONDENT 15.09.2020.

ANNEXURE IV TRUE COPY OF THE AFFIDAVIT FILED BY 4TH RESPONDENT 15.09.2020.

ANNEXURE V TRUE COPY OF THE AFFIDAVIT FILED BY 5TH RESPONDENT 15.09.2020.

ANNEXURE VI TRUE COPY OF THE AFFIDAVIT FILED BY 6TH RESPONDENT 15.09.2020.