Kerala High Court
Subin Sulficker vs State Of Kerala on 7 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
CRL.MC NO. 2369 OF 2021
AGAINST THE ORDER/JUDGMENT IN SC 1748/2019 OF I ADDITIONAL SUB COURT,TRIVANDRUM,
THIRUVANANTHAPURAM
PETITIONER/S:
1 SUBIN SULFICKER
AGED 31 YEARS
S/O.SULFICKER, RESIDENT OF THADATHIL PUTHEN VEEDU, KARIKKODU, TKMC
P.O., KOLLAM - 691 005.
2 SUBRAHMANYAN POTTY
AGED 34 YEARS
S/O.MOHANAN, RESIDING OF MANGALATHU MADOM, NO.26, SHANTHI NAGAR,
ZILLA COURT WARD, THATHAPALLY, ALAPPUZHA DISTRICT - 688 013.
3 AKHIL
AGED 30 YEARS
S/O.UDAYAN A., RESIDENT OF KODIYIL HOUSE, KODINADA JN., PALLICHAL,
BALARAMAPURAM, THIRUVANANTHAPURAM - 695 501.
BY ADVS.
B.DIPU SACH DEEV
SRI.A.ALI NAFIYUDEEN
SHRI.SAJI.S
SMT.CHINNA ASWATHY ABRAHAM
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE GOVERNMENT PLEADER, HIGH COURT OF KERALA,
ERNAKULAM, PINCODE - 682 031.
2 SUB INSPECTOR OF POLICE
MUSEUM POLICE STATION, THIRUVANANTHAPURAM CITY, THIRUVANANTHAPURAM
- 695 033.
3 RATHUL R.NATH
AGED 25 YEARS
S/O.D.RAVEENDRAN, RESIDENT OF LOTUS VILLA, TILES FACTORY ROAD,
AMARAVILA, WARD NO.1, CHENKAL, NEYYATTINKARA, THIRUVANANTHAPURAM -
695 132.
Crl.MC.No.2369 OF 2021 2
BY ADV ARUN BABU
OTHER PRESENT:
SRI.C.S.HRITWIK, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.07.2021,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.2369 OF 2021 3
O R D E R
Dated this the 7th day of July 2021
Petitioners are accused in Crime
No.1507/2015 of Museum Police Station for having
allegedly committed the offences punishable
under Sections 294(b), 323, 324 and 308 read
with Section 34 IPC.
2. The defacto complainant and the
aggrieved is the third respondent. The final
report has already been filed after
investigation and the case is now pending on the
files of the 1st Additional Assistant Session's
Court, Thiruvananthapuram as S.C. No. 1748/2019.
The petitioners stated that the matter has been
amicably settled with the defacto complainant
and that the incident had occurred while the
petitioners and also the third respondent who
are the students of Government Law College,
Thiruvananthapuram and the defacto complainant
has no objection in quashing the proceedings
against the petitioners. The defacto complainant
has appeared through counsel and filed an
affidavit to the effect that the matter has been
amicably settled and that he has no objection
in quashing the proceedings against the
petitioners. After having heard both sides, and
the submission of the learned Public Prosecutor,
who has got instructions regarding the
settlement of the dispute between the
petitioners and the defacto complainant, I find
that no purpose will be served in prosecuting
the accused. Even though offence under Section
308 IPC has been incorporated, the injury
sustained was not so serious. The petitioners
do not have reported any criminal antecedents.
There is no public interest involved. In such
circumstances, I find that proceeding with the
prosecution need not be necessary.
In the result, the Crl.M.C is allowed.
The entire proceedings as against the
petitioners in Crime No.1507/2015 of Museum
Police Station, presently pending as S.C.
No.1748/2019 on the files of the 1st Additional
Sessions Court, Thiruvananthapuram stands
quashed under Section 482 of the CRPC and the
accused are discharged and set at liberty.
Sd/-
ASHOK MENON
JUDGE
al/-
APPENDIX OF CRL.MC 2369/2021
PETITIONER ANNEXURE
ANNEXURE A1 CERTIFIED COPY OF F.I.R. & F.I.S.
ANNEXURE A2 CERTIFIED COPY OF CHARGE SHEET.
ANNEXURE A3 NOTARIZED AFFIDAVIT OF 3RD RESPONDENT DATED
18/03/2021.
RESPONDENTS EXHIBITS : NIL
TRUE COPY
P.S TO JUDGE
AL/-
