Shayju vs State Of Kerala
2021 Latest Caselaw 16988 Ker

               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. 3117 OF 2021
        CRIME NO.39/2016 OF Meppayur Police Station, Kozhikode
 AGAINST THE ORDER/JUDGMENT IN CC 686/2020 OF JUDICIAL MAGISTRATE
                  OF FIRST CLASS, PAYYOLI, KOZHIKODE
PETITIONER/1ST ACCUSED:

            SHAYJU
            AGED 34 YEARS
            S/O. JANARDHANAN, RESIDING AT VALIKKANDI HOUSE HOUSE,
            MAVINCHUVADU, KEEZHARIYOOR AMSOM DESOM, KOYILANDY
            TALUK, KOZHIKODE DISTRICT, PIN-673 307

            BY ADVS.
            J.R.PREM NAVAZ
            SUMEEN S.



RESPONDENTS:

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

    2       SOORAJ, AGED 30 YEARS
            S/O. KUNJIRAMAN, RESIDING AT CHALIL MEETHAL, ARIKKULAM
            AMSOM, URALLOOR, VAGAMOLI, KOYILANDI TALUK, KOZHIKODE
            DISTRICT, PIN-673 620

            BY ADV AJOY VENU

            SRI.C.S HRITHWIK, SR.PP




     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.MC NO. 3117 OF 2021                2

                              ORDER

Dated this the 12th day of August, 2021

Petitioner is the 1st accused in Crime No.39/2016 of Meppayyur

Police Station for having allegedly committed offences punishable under

Sections 341, 323, 324 r/w Section 34 of IPC

2. The final report was originally filed against accused Nos.2

and 3 and taken on file of the Judicial First Class Magistrate Court,

Payyoli as C.C No.340/2016. After trial and examination of witnesses,

accused Nos.2 and 3 were found not guilty and acquitted vide judgment

at Annexure A2 dated 26.03.2018. The acquittal has become final.

The prime witnesses turned hostile and therefore the substratum of the

prosecution case has been lost. The case against the petitioner was split

up and presently pending as CC No.686/2020 before the Judicial First

Class Magistrate Court-I, Payyoli.

3. The de facto complainant is the 2nd respondent herein. He has

appeared through counsel and filed affidavit at Annexure A3 stating that

he has no objection in quashing the proceedings as the matter has been

amicably settled. The learned Public Prosecutor has also got instructions

regarding the genuineness of the settlement. In view of the fact that the

substratum of the prosecution case has been lost, and also the matter

has been settled with the de facto complainant, no purpose will be

served by proceeding with the trial.

Hence, the petition is allowed and the entire proceedings as

against the petitioner in Crime No. 39/2016 of Meppayyur Police Station

presently pending as CC No.686/2020 on the files of the Judicial First

Class Magistrate Court-I, Payyoli stands quashed under Section 482 of

Cr.P.C. and the accused is discharged.

Sd/-

ASHOK MENON JUDGE

rmm

APPENDIX OF CRL.MC 3117/2021

PETITIONER ANNEXURE

Annexure A1 THE ACCUSED COPY OF THE FINAL REPORT/CHARGE SHEET IN CRIME NO. 39 OF 2016 OF MEPPAYYUR POLICE STATION KOZHIKODE DISTRICT.

Annexure A2 THE TRUE COPY OF THE JUDGMENT IN 340 OF 2016 PASSED BY COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS-I, PAYYOLI DATED 26.03.2018.

Annexure A3 THE AFFIDAVIT, SOLEMNLY AFFIRMED BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT.