Shijas vs State Of Kerala
2021 Latest Caselaw 16336 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE ASHOK MENON
     WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
                       CRL.MC NO. 3216 OF 2021
  CRIME NO.324/2019 OF Pallickal Police Station, Thiruvananthapuram
 AGAINST THE ORDER/JUDGMENT IN CC 425/2019 OF JUDICIAL MAGISTRATE OF
            FIRST CLASS -II,ATTINGAL, THIRUVANANTHAPURAM
PETITIONERS/ACCUSED 1 TO 5:

     1     SHIJAS
           AGED 25 YEARS
           S/O. SAHIYANKUTTY, SAJNAS COTTAGE, NJARAYILKONAM,
           KUDAVOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT-695 313

     2     RIYAS,
           AGED 32 YEARS
           S/O. ABDUL RASHEED, RISNA MANZIL, NJARAYIL KONAM,
           MADAVOOR, THIRUVANANTHAPURAM DISTRICT-695 602

     3     SAJIN,
           AGED 21 YEARS
           S.O. SHAJI, NELLIKUNNIL VEEDU, NJARAYIL KONAM, MADAVOOR,
           THIRUVANANTHAPURAM DISTRICT-695 602.

     4     MUHAMMED SAMEEL,
           AGED 24 YEARS
           S/O. SHARAFUDEEN, EDAPPARAYIL VEEDU, NJARAYIL KONAM,
           MADAVOOR, THIRUVANANTHAPURAM DISTRICT-695 602

     5     AKHILIS AHAMMED,
           AGED 24 YEARS
           S/O. NOUSHAD, POIKAVILA VEEDU, NJARAYIL KONAM, MADAVOOR,
           THIRUVANANTHAPURAM DISTRICT-695 602

           BY ADV A.CHANDRA BABU



RESPONDENTS/STATE/DE FACTO COMPLAINANT:

1 STATE OF KERALA CRL.MC NOs. 3216 & 3224 OF 2021

REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031

2 UMESH @ SULI AGED 39 YEARS S/O. UPENDRAN, PANCHAMI, KOCHALUMMOODU, MADAVOOR, THIRUVANANTHAPURAM DISTRICT-695 602.

BY ADV P.ANOOP (MULAVANA)

SRI. T.R. RENJITH, PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.08.2021 ALONG WITH CRL.M.C. NO.3224/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: CRL.MC NOs. 3216 & 3224 OF 2021

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943 CRL.MC NO. 3224 OF 2021 CRIME NO.326/2019 OF Pallickal Police Station, Thiruvananthapuram AGAINST THE ORDER/JUDGMENT IN CC 394/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,ATTINGAL, THIRUVANANTHAPURAM PETITIONER/ACCUSED:

UMESH @ SULI AGED 39 YEARS S/O. UPENDRAN, PANCHAMI, KOCHALUMMOODU, MADAVOOR, THIRUVANANTHAPURAM DISTRICT-695602.

BY ADV P.ANOOP (MULAVANA)

RESPONDENTS/STATE/ DE FACTO COMPLAINANT:

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

2 SHIJAS S/O. SAHIYANKUTTY, SAJNAS COTTAGE, NJARAYILKONAM, KUDAVOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT- 695313.

BY ADV A.CHANDRA BABU

SRI.T.R RENJITH, PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.08.2021 ALONG WITH CRL.M.C 3216/21, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

CRL.MC NOs. 3216 & 3224 OF 2021

COMMON ORDER

Dated this the 4th day of August, 2021

Petitioners in Crl.M.C No.3216/2021 are accused Nos.1 to 5 in

Crime No.324/2019 of Pallickal Police Station for having allegedly

committed offences punishable under Sections 143, 147, 148,

294(b), 451, 341, 323, 324, 325 and 506(i) r/w Section 149 of

IPC.

2. The de facto complainant/injured in this crime is the 2 nd

respondent herein. There is also a crime registered against the 2 nd

respondent in the aforesaid crime as Crime No.326/2019 of the

very same police station for having allegedly committed offences

punishable under Sections 341, 294(b) and 323 of IPC. The

incident in both the crimes took place on the same day and it is a

case and a counter case.

3. The de facto complainant in Crime No.326/2019 is the 2 nd

respondent therein. The petitioners state that the matter has been

amicably settled and affidavits have been filed by the de facto

complainants/injured to the effect that they have no grievance

against the petitioners and they also do not oppose to quash the CRL.MC NOs. 3216 & 3224 OF 2021

proceedings against the petitioners.

4. The learned Public Prosecutor has also received

instructions regarding the genuineness of the settlement. The

petitioners do not have any criminal antecedents. There is no

public interest involved.

Hence, the petitions are allowed and the entire proceedings

as against the petitioners in Crime No.324/2019 of Pallickal Police

Station presently pending as CC No.425/2019 and the petitioner in

Crime No.326/2019 of the Pallickal Police Station now pending as

CC No.394/2019 on the files of the Judicial First Class Magistrate

Court-II, Attingal stand quashed under Section 482 of Cr.P.C. and

the accused are discharged and set at liberty.

Sd/-

ASHOK MENON JUDGE rmm CRL.MC NOs. 3216 & 3224 OF 2021

APPENDIX OF CRL.MC 3216/2021

PETITIONER ANNEXURE

Annexure A1 TRUE COPY OF THE FINAL REPORT IN CC 425/2019 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-11, ATTINGAL.

Annexure A2 TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT.

CRL.MC NOs. 3216 & 3224 OF 2021

APPENDIX OF CRL.MC 3224/2021

PETITIONER ANNEXURE

Annexure A1 TRUE COPY OF THE FINAL REPORT IN CC 394/2019 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-11, ATTINGAL.

Annexure A2 TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT.