Sarathkumar.T.S vs State Of Kerala
2021 Latest Caselaw 12074 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.1564 OF 2021(E)

 AGAINST THE ORDER/JUDGMENT IN CC 716/2018 OF JUDICIAL MAGISTRATE
                    OF FIRST CLASS -I,HOSDRUG

     CRIME NO.240/2017 OF Rajapuram Police Station , Kasargod


PETITIONERS / ACCUSED:

      1      SARATHKUMAR.T.S
             AGED 28 YEARS
             S/O. SASIKUMAR,
             R/AT. THANATHINGAL HOUSE,
             CHERUPANATHADY,
             PANATHADY VILLAGE,
             VELLARIKKUND TALUK,
             KASARAGOD DISTRICT,

      2      RISHIKESH @ APPU
             AGED 28 YEARS
             S/O. GANGADHARAN,
             R/A.MADATHIL HOUSE,
             CHERUPANATHADY,
             PANATHADY VILLAGE,
             VELLARIKKUND TALUK,
             KASARAGOD DISTRICT,

      3      VIKRU @ VIGNESH
             AGED 23 YEARS
             S/O. GANGADHARAN,
             R/A. MADATHIL HOUSE,
             CHERUPANATHADY,
             PANATHADY VILLAGE,
             VELLARIKKUND TALUK,
             KASARAGOD DISTRICT,

             BY ADV. SRI.A.ARUNKUMAR

RESPONDENTS / STATE & COMPLAINANT:

      1      STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 31.
 Crl.MC.No.1564 OF 2021(E)

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      2      SREEKANTH A.S.
             S/O. SREEDHARAN, R/A.ANIKKUZHIYIL HOUSE, KOLAPURAM,
             PANATHADY VILLAGE, VELLARIKKUND TALUK, KASARAGOD
             DISTRICT.

             R2 BY ADV. VIPIN T JOSE


             GOVERNMENT PLEADER ADV.SRI 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.No.1564 OF 2021(E)

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                                ORDER

Dated this the 16th day of April 2021

Petitioners are the accused in C.C. No.716/2018 pending

on the files of Judicial First Class Magistrate Court-I, Hosdurg,

arising out of Crime No.240/2017 of Rajapuram Police Station,

Kasargode District, for having allegedly committed the offences

punishable under Sections 341, 323, 324 r/w 34 of IPC.

2. The de facto complainant-injured is respondent 2

herein, who has appeared through Adv.Vipin.T.Jose. The de

facto complainant has filed an affidavit as Annexure AIII stating

that the matter has been amicably settled and that he has 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 Crl.MC.No.1564 OF 2021(E)

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 recognising the settlement

entered into by the parties.

4. In view of the settlement arrived at between the

petitioners and respondent, 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 as against the petitioners in C.C. No.716/2018,

pending on the files of Judicial First Class Magistrate Court-I,

Hosdurg, arising out of Crime No.240/2017 of Rajapuram

Police Station, Kasargode District, are quashed under Section

482 of the Cr.P.C.

Sd/-

BECHU KURIAN THOMAS JUDGE SMF Crl.MC.No.1564 OF 2021(E)

APPENDIX PETITIONERS EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE F.I.R IN CRIME NO.

240 OF 2017 OF RAJAPURAM POLICE STATION.

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 240 OF 2017 OF RAJAPURAM POLICE STATION.

ANNEXURE AIII THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT.

//TRUE COPY// PA TO JUDGE