Kerala High Court
Sreekumaran Nair vs State Of Kerala on 6 July, 2021
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. 2104 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 30/2007 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I,NEYYATINKARA,
THIRUVANANTHAPURAM
PETITIONER/S:
SREEKUMARAN NAIR
AGED 47 YEARS
S/O GOPALAKRISHNAN NAIR, KAMALABHAVAN, KALLIYOOR
PALLARIYAL, KALLIYOOR DESOM, KALLIYOOR VILLAGE
BY ADV M.R.SASITH
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, PIN-682 031.
2 RAMACHANDRAN NAIR
AGED 54 YEARS
S/O APPUKUTTAN NAIR, CHANDRA VILASOM,
MANNUVILAKOM, NEAR KALLIYOOR PARAYIL THODU,
KALLIYOOR DESOM, KALLIYOOR VILLAGE, PIN-695 020.
BY ADV VIDYA G NAIR FOR R2
OTHER PRESENT:
SRI.M.R DHANIL -PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 06.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Crl.MC 2104/2021
2
ASHOK MENON, J.
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Crl.MC No.2104 of 2021
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Dated this the 6th day of July, 2021
ORDER
The petitioner is the first accused in Crime No.53/2004
of Nemam Police Station for having allegedly committed
offences punishable under Sections 341 and 323 read with
Section 34 IPC.
2. The petitioner was absconding and hence, the case
against him was split up and re-filed as CC No.30/2007 on the
files of the Judicial First Class Magistrate's Court-I,
Neyyattinkara, while the trial proceeded against the second
accused as CC No.389/2004 on the files of the same court and
ended in acquittal consequent to compounding of the offence.
Crl.MC 2104/2021
The order of compounding of the offence and acquittal of the
second accused under Section 320(8) Cr.PC is produced as
Annexure-2. The petitioner states that he was abroad and
therefore he could not appear before the court for the trial.
The matter has now been consigned to the long pending
register as LP No.24/2014.
3. The only injured/de facto complainant is the second
respondent herein. He has appeared through counsel and filed
an affidavit to the effect that the matter has been amicably
settled with the petitioner and that he is not interested in
proceeding with the case against the petitioner. The offences
are compoundable and the second respondent has already
compounded the offence as against the co-accused and that
the matter ended in acquittal under Section 320(8) Cr.PC.
Crl.MC 2104/2021
Under the circumstances, no purpose would be served by
proceeding with the trial as against the petitioner alone and it
would be wastage of precious time of the court. The petitioner
states that he was abroad and that is the reason why he could
not present himself earlier for settlement of the matter, and
that now he is available and would like the matter to be
quashed.
4. The learned Prosecutor, under instructions, submits
that the matter has been amicably settled between the
petitioner and the second respondent. In view of the
submission made, I find that the prosecution need not be kept
pending.
Hence, the Crl.MC is allowed and the entire proceedings
as against the petitioner in Crime No.53/2004 of Nemom
Crl.MC 2104/2021
Police Station pending as LP No. 24/2014 on the files of the
Judicial First Class Magistrate's Court-I, Neyyattinkara stands
quashed under Section 482 Cr.PC and the petitioner/accused is
discharged.
Sd/-
ASHOK MENON
JUDGE
jg
Crl.MC 2104/2021
APPENDIX OF CRL.MC 2104/2021
PETITIONER ANNEXURE
ANNEXURE A1 CERTIFIED COPY OF FINAL REPORT IN CC
389/2004 PENDING BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE 1, NEYYATTINKARA
ANNEXURE A2 TRUE COPY OF ORDER PASSED BY THE
JUDICIAL FIRST CLASS MAGISTRATE COURT NO
1, NEYYATTINKARA IN CC NO 389/2004
ANNEXURE A3 CERTIFIED COPY OF AFFIDAVIT SWORN BY THE
2ND RESPONDENT
