Kerala High Court
Shibu vs State Of Kerala on 5 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
CRL.MC NO. 2007 OF 2021
CRIME NO.1059/2010 OF KAYAMKULAM POLICE STATION
AGAINST THE ORDER/JUDGMENT IN SC 801/2019 OF ADDITIONAL DISTRICT
COURT-I, MAVELIKKARA, ALAPPUZHA
PETITIONER/S:
SHIBU
AGED 48 YEARS
S/O. CHELLAPAN, POOVANGAMADATHIL, KIZHAKKATHIL,
AALUMPEEDIKA P.O. OCHIRA, KOLLAM DISTRICT - 690 525.
BY ADV SOJAN MICHEAL
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, KOCHI - 682 031.
2 ANEESH
AGED 30 YEARS, S/O. KUNJUMON,
MANDAKASERRIL, KIZHAKKATHIL HOUSE, PRAYAR NORTH,
PUTHUPALLY, ALAPPUZHA DISTRICT - 690 527.
R1 BY SRI.C.S.HRITHWIK, SR PP
R2 BY ADV ANTONY ROBERT DIAS
OTHER PRESENT:
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.M.C.No. 2007 of 2021
2
O R D E R
Dated this the 5th of August 2021
The petitioner is the 7th accused in Crime No.1059/2010
of Kayamkulam Police Station for having allegedly committed
the offences punishable under Sections 143, 147, 148, 452,
323, 324, 427 and 308 read with Section 149 of the I.P.C.
and under Sections 7(b) and 27(1) of the Arms Act.
2. The petitioner was absconding and hence the case
against him was split up and the trial proceeded against
the rest of the accused as S.C.No.1039/2012 and vide
judgment at Annexure-I all those accused, who faced trial,
were found not guilty and acquitted. The discussions in
the judgment indicate that none of the witnesses have
identified the assailants. Therefore, the substratum of
the prosecution case has been lost. Moreover, the de facto
complainant, who is the 2nd respondent herein, has settled
the dispute with the petitioner and has no objection in
quashing the proceedings as against him. The 2 nd respondent
has also appeared through a Counsel and filed an affidavit
Crl.M.C.No. 2007 of 2021
at Annexure III to the effect that the matter has been
amicably settled and that he has no grievance against the
petitioner.
3. The learned Public Prosecutor has also received
instructions regarding the genuineness of the settlement.
In view of the fact that the substratum of the prosecution
case has been lost vide Annexure I judgment, no purpose
would be served by further prosecuting the case, and
moreover, the matter has already been settled with the de
facto complainant.
Resultantly, the Crl.M.C. is allowed and the entire
proceedings as against the petitioner in Crime No.1059/2010
of Kayamkulam Police Station, presently pending as
S.C.No.801/2019 on the files of the Additional District &
Sessions Court-I, Mavelikkara, shall stand quashed under
Section 482 of Cr.P.C. and the petitioner is discharged and
set at liberty.
Sd/-
ASHOK MENON
JUDGE
dkr
Crl.M.C.No. 2007 of 2021
APPENDIX OF CRL.MC 2007/2021
PETITIONER ANNEXURE
ANNEXURE I CERTIFIED COPY OF THE JUDGMENT IN SC NO.
1039/2012 DATED 17.12.2018.
ANNEXURE II CERTIFIED COPY OF THE FIR AND FINAL REPROT IN
CRIME NO. 1059/2010.
ANNEXURE III AFFIDAVIT DATED 25.03.2021 SWORN BY THE 2ND
RESPONDENT.
