Kerala High Court
Unnikuttan vs State Of Kerala on 12 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
CRL.MC NO. 1917 OF 2021
CRIME NO.1636/2017 OF THRIKODITHANAM POLICE STATION
AGAINST THE ORDER/JUDGMENT IN SC 6/2021 OF ADDITIONAL SESSIONS COURT
(SPECIAL COURT), KOTTAYAM
PETITIONER/S:
1 ARUN S. KUMAR
AGED 28 YEARS
S/O.SASIKUMAR, ILAYASEERIL HOUSE, UKKATTUPADI,
THRIKODITHANAM VILLAGE (P.O), CHANGANACHERRY,
KOTTAYAM DISTRICT-686 105.
2 RATHEESH
AGED 22 YEARS
S/O. RAVI, CHEMPUPURAM, THEKKATHIL HOUSE, CHEMPUPURAM,
THRIKODITHANAM VILLAGE ,KOTTAYAM DISTRICT-686 105.
3 SHYAM
AGED 30 YEARS
S/O. SASI, CHIRACKAL HOUSE, KOCHOTTUCHIRA,
THRIKODITHANAM VILLAGE (P.O), CHANGANACHERRY,
KOTTAYAM DISTRICT-686 105.
4 ANUPRASANTH PONNAPPAN
AGED 33 YEARS
S/O. PONNAPPAN, MUKKATTUPARAMBIL (H), KOTTAMURRY P.O.,
THRIKODITHANAM, CHANGANACHERRY, KOTTAYAM DISTRICT-686
101.
5 JISHNU KUMAR O.M
AGED 33 YEARS
S/O. OMANAKUTTAN, PALAMOOTTIL, JISHNUVILASAM, KOTTAMURI.
P.O., THRIKODITHANAM , KOTTAYAM DISTRICT-686 101.
Crl.M.C.Nos.1917 & 3185 of 2021
2
6 K.AJI
AGED 33 YEARS,
S/O. KUTTAN, PARACKATHARA (H), KADAMANCHIRA,
THRIKODITHANAM P.O., THRIKODITHANAM,
KOTTAYAM DISTRICT-686 105.
BY ADVS.
SHAJI THOMAS
SRI.B.RAJESH (KOTTAYAM)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031.
2 AJITH.T.
AGED 48 YEARS
S/O.THANKACHAN, RESIDING AT KUNNUMPURATH HOUSE,
THRIKODITHANAM VILLAGE P.O., CHANGANACHERRY,
KOTTAYAM DISTRICT-686 105.
3 MANOJ KUMAR.P.G.
AGED 47 YEARS
S/O. GANGADHARAN, RESIDING AT PUTHANPURACKAL HOUSE,
THRIKODITHANAM VILLAGE P.O., CHANGANACHERRY,
KOTTAYAM DISTRICT-686 105.
4 SUNIL KUMAR.K.K.
AGED 38 YEARS
S/O. KUTTAPPAN, RESIDING AT KOLLAMPARAMBIL HOUSE,
THRIKODITHANAM VILLAGE P.O., CHANGANACHERRY,
KOTTAYAM DISTRICT-686 105.
R1 BY SRI. C. S. HRITHWIK - SR.P.P.
R2-R4 BY ADV SRI.JEN JAISON
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.08.2021, ALONG WITH Crl.MC.3185/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Crl.M.C.Nos.1917 & 3185 of 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
CRL.MC NO. 3185 OF 2021
CRIME NO.1636/2017 OF THRIKODITHANAM POLICE STATION
AGAINST THE ORDER/JUDGMENT IN SC 6/2021 OF ADDITIONAL SESSIONS COURT
(SPECIAL COURT), KOTTAYAM, KOTTAYAM
PETITIONER/S:
UNNIKUTTAN
AGED 29 YEARS
S/O. SUGATHAN, KALATHILAYA KOCHIERIL HOUSE,
CHAKRATHIKUNNU, THRIKODITHANAM P.O., CHANGANACHERRY,
KOTTAYAM DISTRICT-686 105.
BY ADVS.
SHAJI THOMAS
B.RAJESH (KOTTAYAM)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
2 AJITH T.
AGED 48 YEARS
S/O. THANKACHAN, RESIDING AT KUNNUMPURATH HOUSE,
THRIKODITHANAM VILLAGE P.O., CHANGANACHERRY,
KOTTAYAM DISTRICT-686 105.
3 MANOJ KUMAR P.G.
AGED 47 YEARS
S/O. GANGADHARAN, RESIDING AT PUTHANPURACKAL HOUSE,
THRIKODITHANAM VILLAGE P.O., CHANGANACHERRY,
KOTTAYAM DISTRICT-686 105.
Crl.M.C.Nos.1917 & 3185 of 2021
4 SUNIL KUMAR K.K.
AGED 38 YEARS
RESIDING AT KOLLAMPARAMBIL HOUSE, THRIKODITHANAM VILLAGE
PO., CHANGANACHERRY, KOTTAYAM DISTRICT-686 105.
R1 BY SRI. C. S. HRITHWIK - SR.P.P.
R2-R4 BY ADV JEN JAISON
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.08.2021, ALONG WITH Crl.MC.1917/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Crl.M.C.Nos.1917 & 3185 of 2021
COMMON ORDER
[Crl.MC Nos.1917/2021, 3185/2021]
Dated this the 12th of August 2021
The petitioners in Crl.M.C.No.1917/2021 are accused 1
to 3 and 5 to 7 and the petitioner in
Crl.M.C.No.3185/2021 is the 4th respondent in Crime
No.1636/2017 of Thrikkodithanam Police Station for having
allegedly committed the offences punishable under
Sections 143, 147, 148, 324m 308 and 427 read with
Section 149 of the I.P.C. Final reports have already
been filed and the matter against accused 1 to 3 and 5 to
7 are pending trial as S.C.No.6/2021 on the files of the
Additional District & Sessions Court-II, Kottayam and the
case against the 4th accused is pending committal
proceedings as C.P.No.1/2021 on the files of the Judicial
First Class Magistrate Court-I, Changanassery.
Crl.M.C.Nos.1917 & 3185 of 2021
2. The de facto complainant/injured are respondents
2 to 4. The petitioners state that the matter has been
amicably settled with the de facto complainant, and
therefore, they seek to quash the proceedings against
them. Respondents 2 to 4 have appeared through Counsel
and filed affidavits to the effect that they have no
objection in quashing the proceedings against the
petitioners.
3. The learned Public Prosecutor has also got
instructions regarding the genuineness of the settlement.
The injuries sustained by the de facto complainant are
not life-threatening or grave. There is no public
interest involved. The petitioners do not have any other
criminal antecedents.
Resultantly, both the Crl.M.Cs. are allowed and the
entire proceedings as against the petitioners in Crime
No.1636/2017 of Thrikkodithanam Police Station, presently
pending as S.C.No.6/2021 on the files of the Additional
District & Sessions Court-II, Kottayam and as
Crl.M.C.Nos.1917 & 3185 of 2021
C.P.No.1/2021 on the files of the Judicial First Class
Magistrate Court-I, Changanassery, 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.Nos.1917 & 3185 of 2021
APPENDIX OF CRL.MC 3185/2021
PETITIONER ANNEXURE
Annexure A1 TRUE PHOTOCOPY OF THE FINAL REPORT (CHARGE
SHEET) DATED 30.6.2018 FILED BY THE S.I. OF
POLICE, THRIKODITHANAM IN CRIME NO.1636 OF
2017 BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT-I, CHANGANACHERRY.
Annexure A2 TRUE PHOTOCOPY OF THE AFFIDAVIT DATED
18.3.2021 DULY SIGNED BY INJURED PERSON AJITH
T. IN CRIME NO.1636/2017.
Annexure A3 TRUE PHOTOCOPY OF THE AFFIDAVIT DATED
18.3.2021 DULY SIGNED BY INJURED PERSON MANOJ
KUMAR P.G. IN CRIME NO.1636/2017.
Annexure A4 TRUE PHOTOCOPY OF THE AFFIDAVIT DATED
18.3.2021 DULY SIGNED BY INJURED PERSON SUNIL
KUMAR K.K. IN CRIME NO.1636/2017.
Annexure A5 AFFIDAVIT SWORN BY THE DE FACTO COMPLAINANT
(2ND RESPONDENT) DATED 09.08.2021.
Annexure A6 AFFIDAVIT SWORN BY THE DE FACTO COMPLAINANT
(3RD RESPONDENT) DATED 09.08.2021.
Annexure A7 AFFIDAVIT SWORN BY THE DE FACTO COMPLAINANT
(3RD RESPONDENT) DATED 09.08.2021.
Crl.M.C.Nos.1917 & 3185 of 2021
APPENDIX OF CRL.MC 1917/2021
PETITIONER ANNEXURE
ANNEXURE-A1 TRUE COPY OF THE FINAL REPORT (CHARGE SHEET)
DATED 30.06.2018 FILED BY THE S.I. OF POLICE,
THRIKODITHANAM BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT-I, CHANGANACHERRY
ANNEXURE-A2 TRUE PHOTOCOPY OF THE SUMMONS RECEIVED BY THE
3RD PETITIONER IN S.C.NO.6/2021 OF ADDITIONAL
DISTRICT AND SESSIONS COURT-II, KOTTAYAM
ANNEXURE-A3 TRUE PHOTOCOPY OF THE AFFIDAVIT DATED
18.03.2021 DULY SIGNED BY INJURED PERSON AJITH
T. IN CRIME NO.1636/2017
ANNEXURE-A4 TRUE PHOTOCOPY OF THE AFFIDAVIT DATED
18.03.2021 DULY SIGNED BY INJURED PERSON MANOJ
KUMAR P.G. IN CRIME NO.1636/2017
ANNEXURE-A5 TRUE PHOTOCOPY OF THE AFFIDAVIT DATED
18.03.2021 DULY SIGNED BY INJURED PERSON SUNIL
KUMAR.K.K. IN CRIME NO.1636/2017
Annexure A6 AFFIDAVIT SWORN BY THE DE FACTO COMPLAINANT
(2ND RESPONDENT) DATED 09.08.2021.
Annexure A7 AFFIDAVIT SWORN BY THE DE FACTO COMPLAINANT
(3RD RESPONDENT) DATED 09.08.2021.
Annexure A8 AFFIDAVIT SWORN BY THE DE FACTO COMPLAINANT
(3RD RESPONDENT) DATED 09.08.2021.
