Adarsh vs State Of Kerala
2021 Latest Caselaw 16759 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE ASHOK MENON
     WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                        CRL.MC NO. 3543 OF 2021
            CRIME NJO.822/2019 OF MUNAMBAM POLICE STATION
 AGAINST THE ORDER/JUDGMENT IN CC 698/2020 OF TEMPORARY JUDL. FIRST
            CLASS MAGISTRATE COURT, NJARAKKAL, ERNAKULAM
PETITIONER/S:

     1     ADARSH,
           AGED 22 YEARS
           S/O. BASIDHARAN, PERINGADAN HOUSE, MUNAMBAM KARA,
           KUZHAHUPPILY VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT.

     2     ATHUL BABU,
           AGED 22 YEARS
           S/O. BABU, ARAMIPPARAMBIL HOUSE, MUNAMBAM KARA,
           KUZHUPPILLY VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT.

     3     ATHUL,
           AGED 20 YEARS
           S/O. RAJESH, ELASAMPARAMBIL HOUSE, MUNAMBAM KARA,
           KUZHUPPILLY VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT.

     4     SANDEEP,
           AGED 20 YEARS, S/O. SUNILKUMAR,
           NEDUMPARAMBIL, MUNAMBAM KARA, KUZHUPPILLY VILLAGE,
           KOCHI TALUK, ERNAKULAM DISTRICT.

           BY ADV PAUL VARGHESE
 Crl.M.C.No. 3543 of 2021

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RESPONDENT/S:

      1        STATE OF KERALA
               REP. BY PUBLIC PROSECUTOR, HIGH COURT, ERNAKULAM.

      2        DIBIN GHOSH,
               AGED 41 YEARS
               S/O. DWITHEEYAN, KALATHIL HOUSE, MUNAMBAM KARA,
               PALLIPPURAM P.O., KUZHUPPILLY VILLAGE, KOCHI TALUK,
               ERNAKULAM DISTRICT.

      3        AMAL RAJ C.R
               AGED 25 YEARS
               S/O. RAJENDRAN, CHAKKAMURI HOUSE, MUNAMBAM KARA,
               PALLIPPURAM P.O. KUZHUPPILLY VILLAGE, KOCHI TALUK,
               ERNAKULAM DISTRICT.

               R1 BY SR.PP SRI.C.S.HRITHWIK

               R2-R3 BY ADV THOMAS VARGHESE.K




      THIS    CRIMINAL     MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.M.C.No. 3543 of 2021

                                       3




                                 O R D E R

Dated this the 11th of August 2021

The petitioners are accused 1 to 4 in Crime No.822/2019

of Munambam Police Station, which was initially registered

for offences under Sections 448, 324, 326, 294(b) and 427

read with Section 34 of the I.P.C. After completion of the

investigation, the final report has been filed for offences

punishable under the aforesaid provisions, except for

offence under Section 326 of the I.P.C. and it is taken on

the files of the Judicial First Class Magistrate Court,

Njarakkal as C.C.No.698/2020.

2. The petitioners state that the matter has been

amicably settled with the de facto complainant/injured, who

are respondents 2 and 3, and therefore, seeks to quash the

proceedings against them. The respondents 2 and 3 have

appeared through a Counsel and filed affidavits at

Annexures 3 and 4 stating that they have no objection in

quashing the proceedings since the disputes were amicably

settled.

Crl.M.C.No. 3543 of 2021

3. The learned Public Prosecutor has also received

instructions regarding the genuineness of the settlement.

The offences are not grave. There is no public interest

involved. The petitioners have no other criminal

antecedents.

Resultantly, the Crl.M.C. is allowed and the entire

proceedings as against the petitioners in Crime No.822/2019

of Munambam Police Station, presently pending as

C.C.No.698/2020 on the files of the Judicial First Class

Magistrate Court, Njarakkal, shall stand quashed under

Section 482 of Cr.P.C. and the petitioners are discharged

and set at liberty.

Sd/-

ASHOK MENON JUDGE dkr Crl.M.C.No. 3543 of 2021

APPENDIX OF CRL.MC 3543/2021

PETITIONER ANNEXURE

Annexure 1 CERTIFIED COPY OF F.I.R IN CRIME NO. 822/19 OF MUNAMBAM POLICE.

Annexure 2 CERTIFIED COPY OF THE FINAL REPROT IN C.C. NO.

689/20 OF JFCM COURT, NJARAKKAL.

Annexure 3 AFFIDAVIT SWORN BY THE 2ND RESPONDENT.

Annexure 4 AFFIDAVIT SWORN BY THE 3RD RESPONDENT.