Abhiraj R vs The State Of Kerala
2021 Latest Caselaw 13961 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. 1842 OF 2021
         CRIME NO.639/2019 OF KARUNAGAPALLY POLICE STATION, KOLLAM
          AGAINST THE ORDER/JUDGMENT IN SC 982/2020 OF SUB COURT,
                          KARUNAGAPPALLY, KOLLAM
PETITIONER/S:

              ABHIRAJ R.
              AGED 24 YEARS
              S/O.RAJU, KIZHAKKE VEEDU (H), CHERIYAZHEEKAL P.O.,
              ALAPPAD, KARUNAGAPPALLY, KOLLAM - 690 573.

              BY ADVS.
              JUSTINE JACOB
              SRI.K.S.ARUN KUMAR


RESPONDENT/S:

1 THE STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031

2 NITHIN KRISHNAN AGED 23, S/O.RADHAKRISHNAN, VALALIL KOTTAKKAKATHU HOUSE, ALUMKADAVU P.O., KARUNAGAPPALLY, KOLLAM 690 573

R2 BY ADV VIJAY SANKAR V.H.

OTHER PRESENT:

SRI.M.R DHANIL -PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.07.2021, ALONG WITH Crl.MC.1853/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

CRL.MC NOs. 1842 & 1853 OF 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. 1853 OF 2021 CRIME NO.639/2019 OF KARUNAGAPALLY POLICE STATION, KOLLAM AGAINST THE ORDER/JUDGMENT IN CP 121/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, KARUNAGAPPALLY, KOLLAM PETITIONER/S:

     1        ADERSH
              AGED 25 YEARS

S/O. RAJEEV, KANDASSERIL, CHERIYAZHEEKAL P.O. ALAPPAD, KARUNAGAPPALLY, KOLLAM 690 573.

     2        ANURAJ R,
              AGED 27 YEARS

S/O. RAJU, KIZHAKKE VEEDU (H) CHERIYAZHEEKAL P.O. ALAPPAD, KARUNAGAPPALLY ,KOLLAM 690 573.

BY ADVS.

JUSTINE JACOB SRI.K.S.ARUN KUMAR

RESPONDENT/S:

1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.

 CRL.MC NOs. 1842 & 1853 OF 2021




     2      NITHIN KRISHNAN
            AGED 23 YEARS

S/O. RADHAKRISHNAN, VALALIL KOTTAKKAKATHU HOUSE, ALUMKADAVU P.O. KARUNAGAPALLY , KOLLAM 690 573.

R2 BY ADV VIJAY SANKAR V.H.

OTHER PRESENT:

SRI.M.R DHANIL -PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.07.2021, ALONG WITH Crl.MC.1842/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

CRL.MC NOs. 1842 & 1853 OF 2021

COMMON ORDER [Crl.MC Nos.1842/2021, 1853/2021]

Dated this the 6th day of July 2021

The petitioner in Crl.M.C.No.1842/2021 is the 1st

accused; while the petitioners in Crl.M.C.No.1853/2021 are

accused 2 and 3 in Crime No.639/2019 of Karunagappally

Police Station for having allegedly committed the offences

punishable under Sections 143, 147, 148, 323, 324 and 308

read with Section 149 of the I.P.C.

2. The allegation against the petitioners is that they

had attacked the de facto complainant and caused injuries

to him with the knowledge that the injuries could cause his

death, and thus attempted to commit culpable homicide. The

de facto complainant is the 2nd respondent herein and has

appeared through Counsel in both the Crl.M.Cs. and filed

affidavits to the effect that the matter has been settled

with the petitioners and that he has no grievance against

them and has no objection in quashing the proceedings

against the petitioners.

CRL.MC NOs. 1842 & 1853 OF 2021

3. The learned Public Prosecutor has also got

instructions from the investigating officer regarding the

settlement of the dispute between the accused persons and

the de facto complainant and there is no public interest

involved. The injuries are not life-threatening and the

petitioners do not have any other criminal antecedents.

4. Resultantly, both the Crl.M.Cs. are allowed and the

entire proceedings as against the petitioners in Crime

No.639/2019 of Karunagappally Police Station, presently

pending as S.C.No.982/2020 on the files of the Assistant

Sessions Court, Karunagappally, and C.P.No.121/2020 on the

files of the Judicial First Class Magistrate Court,

Karungappally, stands quashed under Section 482 of Cr.P.C.

and the petitioners are discharged and set at liberty.

Sd/-

ASHOK MENON JUDGE dkr CRL.MC NOs. 1842 & 1853 OF 2021

APPENDIX OF CRL.MC 1853/2021

PETITIONER ANNEXURE

ANNEXURE 1 CERTIFIED COPY OF THE FIR IN CRIME NO. 639 / 2019 OF KARUNAGAPPALLY POLICE STATION, KOLLAM DISTRICT.

ANNEXURE II CERTIFIED COPY OF THE FINAL REPROT IN CRIME NO. 639/2019 OF KARUNAGAPPALLY POLICE STATION, KOLLAM DISTRICT.

ANNEXURE III AFFIDAVIT SWORN BY THE 2ND RESPONDENT. CRL.MC NOs. 1842 & 1853 OF 2021

APPENDIX OF CRL.MC 1842/2021

PETITIONER ANNEXURE

ANNEXURE I TRUECOPY OF THE FIR IN CRIME NO.639/2019 OF KARUNAGAPPALLY POLICE STATION, KOLLAM DISTRICT.

ANNEXURE II CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.639/2019 OF KARUNAGAPPALLY POLICE STATION, KOLLAM DISTRICT.

ANNEXURE III AFFIDAVIT SWORN BY THE 2ND RESPONDENT.