Florance vs State Of Kerala
2021 Latest Caselaw 13914 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                  THE HONOURABLE MR. JUSTICE ASHOK MENON
          TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
                          CRL.MC NO. 2586 OF 2021
         CRIME NO.301/2020 OF SASTHAMKOTTA POLICE STATION, KOLLAM
         AGAINST THE ORDER/JUDGMENT IN SC 124/2021 OF SUB COURT,
                          KARUNAGAPPALLY, KOLLAM
PETITIONER/S:

             FLORANCE
             AGED 50 YEARS
             S/O ALPHONES, SHALOM HOUSE, NEAR KALLADA VALIYA PALLI,
             KOIYIKKAL BHAGOM MURI, WEST KALLADA, PERUVELLIKKARA
             P.O.KOLLAM-690 540.

             BY ADV V.RENJITH KUMAR


RESPONDENT/S:

     1       STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA.

     2       SUB INSPECTOR OF POLICE
             SASTHAMKOTTA POLICE STATION, KOLLAM.

     3       SREEHARI
             AGED 23 YEARS, S/O SREEKUMAR, RESIDING AT ANITHA
             BHAVANAM, KOYIKKAL BHAGAM MURI, WEST KALLADA,
             SASTHAMKOTTA, PERUVELIKKARA PO, KOLLAM.

             BY ADVS.
             R1-R2 BY SRI.M.R DHANIL -PP
             R3 BY PRATHEESH.P


OTHER PRESENT:
     THIS    CRIMINAL   MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
06.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.MC NO. 2586 OF 2021
                                    2




                            O R D E R

Dated this the 6th day of July 2021

The petitioner is the sole accused in Crime No.301/2020

of Sasthamkotta Police Station for having allegedly

committed the offences punishable under Sections 294(b),

323, 324 and 308 of the I.P.C.

2. The only injured person and the de facto complainant

is impleaded as 3rd respondent herein. He has appeared

through a Counsel and filed an affidavit stating that the

matter has been settled. The petitioner states that the

matter has been settled amicably with the 3rd respondent

and the 3rd respondent has also confirmed the same in the

affidavit. It is also stated that the 3rd respondent has

no objection in quashing the proceedings against the

petitioner. Even though there is an offence under Section

308 of the I.P.C., the injuries sustained are not very

grave. There is also no public interest involved. The

petitioner does not have any criminal antecedents. CRL.MC NO. 2586 OF 2021

3. The learned Public Prosecutor has confirmed the

settlement between the accused and the injured. Under the

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

proceedings as against the petitioner in Crime No.301/2020

of Sasthamkotta Police Station, presently pending as

S.C.No.124/2021 on the files of the Assistant Sessions

Court, Karunagappally, stands quashed under Section 482 of

Cr.P.C. and the petitioner is discharged and set at

liberty.

Sd/-

ASHOK MENON JUDGE dkr CRL.MC NO. 2586 OF 2021

APPENDIX OF CRL.MC 2586/2021

PETITIONER ANNEXURE

ANNEXURE A1 THE CERTIFIED COPY OF THE FIR DATED 22.2.2020 IN CRIME NO 301/2020 OF SASTHAMKOTTA POLICE STATION, KOLLAM

ANNEXURE A2 THE CERTIFIED COPY OF THE FIS DATED 22.2.2020 IN CRIME 301/2020 OF SASTHAMKOTTA POLICE STATION, KOLLAM GIVEN BY SRI SREEHARI BEFORE THE 2ND RESPONDENT

ANNEXURE A3 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO 301/20220 OF SASTHAMKOTTA POLICE STATION, KOLLAM

ANNEXURE A4 THE ORIGINAL AFFIDAVIT DATED 27.3.2021 EECUTED BY THE 3RD RESPONDENT