Kerala High Court
Sebastian vs State Of Kerala on 4 December, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
SATURDAY, THE 4TH DAY OF DECEMBER 2021 / 13TH AGRAHAYANA, 1943
CRL.MC NO. 5873 OF 2021
(CRIME NO. 6/2021 OF PAYYAVUR POLICE STATION IN KANNUR DISTRICT)
AGAINST THE ORDER/JUDGMENT IN SC 483/2021 OF SUB COURT, PAYYANNUR
PETITIONER/ACCUSED:
SEBASTIAN
AGED 52 YEARS
S/O.THOMAS, KUDAKKACHIRA HOUSE, PAYYAVUR AMSOM, PAISAKKARI,
KANNUR DISTRICT
BY ADV AJITH MURALI
RESPONDENTS/STATE & COMPLAINANTS:
1 STATE OF KERALA
REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682
031
2 THE SUB INSPECTOR OF POLICE,
PAYYAVUR POLICE STATION, KANNUR DISTRICT, PIN 670 307
3 SHAJU THOMAS
AGED 44 YEARS
S/O.THOMAS, KUDAKKACHIRA HOUSE, PAYYAVUR AMSOM, PAISAKKARI,
KANNUR DISTRICT PIN 670 307
BY ADV K.V.ANIL KUMAR
OTHER PRESENT:
SR.PP - SMT. PUSHPALATHA M.K.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.12.2021, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
CRL. M.C. NO. 5873 OF 2021
2
ORDER
Petitioner is the sole accused in Crime No. 6 of 2021 of Payyavur
Police station, Kannur district, registered on 22.01.2021 alleging offence
punishable under Sections 447, 506 (ii), 294 (b), 326, and 308 of the
IPC on the strength of the First Information furnished by Shaju Thomas,
the 3rd respondent.
2. It is alleged that on 21.01.2021 at 14.45 hours, the accused with
the intention of committing the crime trespassed upon the courtyard of
the house of the de facto complainant and out of some property disputes,
abused his younger brother, the de facto complainant, threatened that he
will be killed and struck with an axe and caused serious injuries on his
hand and head. When he was attacked on the head if he had not evaded,
fatal injuries would have happened and on that basis, the crime was
registered and after investigation charge sheet has been laid before the
Judicial First Class Magistrate Court, Taliparamba. The case is pending
as S. C. No. 483 of 2021 before the Assistant Sessions Court, Kannur.
Now contending that the matter is settled with 3rd respondent, the de
facto complainant the petitioner has moved this Court under Section 482
CRL. M.C. NO. 5873 OF 2021
of the Cr. P. C. for quashing the proceedings. It is also stated that a
counter case that is C.C.No. 274 of 2021 which is the outcome of the
investigation in Crime No. 10 of 2021 of Payyavur police station also
has been settled at the intervention of members of the family and
mediators.
3. I heard the learned counsel for the petitioner, the learned counsel
for the 3rd respondent, and also the learned Senior Public Prosecutor.
4. All have confirmed the settlement reached between the
petitioner and the 3rd respondent who are brothers. Annexure-C affidavit
attached to the Criminal Miscellaneous case indicates that this case and
Crime No. 10 of 2021 which was registered against the 3 rd respondent
stands settled out of Court, they are brothers and he has no objection in
quashing the proceedings.
5. Even though the wound certificate is not made available, it does
not seem that the 3rd respondent had suffered fatal injuries in the
occurrence. The incident was the outcome of some dispute over a way
between two brothers which resulted in the registration of two crimes
against each; now both the cases have been settled and the de facto
CRL. M.C. NO. 5873 OF 2021
complainant does not want to pursue the proceedings.
In the circumstances, entire proceedings in S.C. No. 483 of 2021
pending before the Additional Sessions Court, Kannur are quashed and
the petitioner shall stand exonerated.
The Criminal Miscellaneous Case is allowed as above.
Sd/-
K. HARIPAL
JUDGE
RMV/04/12/21
CRL. M.C. NO. 5873 OF 2021
APPENDIX OF CRL.MC 5873/2021
PETITIONER ANNEXURE
Annexure A A CERTIFIED COPY OF THE FIR AND FIS IN CRIME NO.6/2021 OF
PAYYAVUR POLICE STATION
Annexure B A CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO.6/2021
OF PAYYAVUR POLICE STATION
Annexure C AFFIDAVIT OF THE RESPONDENT NO.3
TRUE COPY
P.A.TO JUDGE
