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Rejith vs State Of Kerala
2021 Latest Caselaw 14670 Ker

Citation : 2021 Latest Caselaw 14670 Ker
Judgement Date : 14 July, 2021

Kerala High Court
Rejith vs State Of Kerala on 14 July, 2021
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE ASHOK MENON
         WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
                         CRL.MC NO. 1937 OF 2021
CRIME NO.422/2013 OF Vattiyoorkavu Police Station, Thiruvananthapuram
  AGAINST THE ORDER/JUDGMENT IN SC 1298/2014 OF ASSISTANT SESSIONS
                        COURT, THIRUVANANTHAPURAM
PETITIONER/S:

     1        REJITH
              AGED 30 YEARS
              REGHU,
              REJI BHAVAN,
              V.P.VII/76,
              PEROORKADA, THIRUVANANTHAPURAM-695308.

     2        VINEESH,
              AGED 33 YEARS
              S/O VITHSAN,
              AP XIII/547, PANACKODE, THADATHARIKATHUPUTHEN VEEDU,
              ARUVIKKARA,
              THIRUVANANTHAPURAM,-695543.

     3        SATHYARAJ @ SATHYAN,
              AGED 33 YEARS
              S/OM RAVEENDRAN,
              T.C.34/945,
              SHIBUBHAVAN,
              PEROORKADA,
              THIRUVANANTHAPURAM,-695308.

     4        SUBINRAJ,
              AGED 31 YEARS
              S/O RAVI,
              AP XIII/484 PALAKKUZHY,
              MELEPUTHENVEEDU, KACHANI,
              ARUVIKKARA,
              THRIRUVANANTHAPURAM-695543.
 CRL.MC NO. 1937 OF 2021
                                      2



     5      SREERAJ,
            AGED 34 YEARS
            S/O RAVI,
            AP XIII/484 PALAKKUZHY,
            MELEPUTHENVEEDU, KACHANI,
            ARUVIKKARA,
            THRIRUVANANTHAPURAM-695543.

     6      RAJESH @ MONDI RAJESH,
            AGED 34 YEARS
            S/O KARUNAKARN,
            S.N. NIVAS, MALAMUKAL, PALAYMKOTTUKUZHY, PEROORKADA,
            THIRUVANANTHAPURAM-695308.

            BY ADVS.
            G.RANJU MOHAN
            SMT.M.SANTHI



RESPONDENT/S:

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

     2      RAJESH
            S/O RAJAN,
            RESIDING AT SANDHYABHAVAN,
            NEAR MALMUKAL JUNCTION,
            KACHANI, PEROORKADA, THIRUVANANTHAPURAM.

            R1 BY SRI.C.S.HRITHWIK, SR.PP

            R2 BY ADV JETHIN P.




     THIS   CRIMINAL   MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
14.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.MC NO. 1937 OF 2021
                                      3




                               O R D E R

Dated this the 14th day of July 2021

The petitioners are accused in Crime No.422/2013 of

Vattiyoorkavu 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 de facto complainant/injured is arrayed as 2 nd

respondent herein. The final report has already been filed

after completion of investigation and after committal, the

matter is presently pending before the Assistant Sessions

Court, Thiruvananthapuram as S.C.No.1298/2014.

3. The petitioners state that the matter has been

amicably settled with the 2nd respondent and the 2nd

respondent has appeared through a Counsel and filed an

affidavit stating that the matter has been settled with the

petitioners and that he has no objection in quashing the

proceedings as against the petitioners.

4. Heard the learned Counsel for the petitioners and

the learned Counsel appearing for the de facto complainant CRL.MC NO. 1937 OF 2021

as also the learned Public Prosecutor.

5. The learned Public Prosecutor, under instructions,

submits regarding the genuineness of the settlement. The

petitioners do not have any criminal antecedents. There is

no public interest involved. The injuries sustained by the

de facto complainant are not very serious or life-

threatening. Under the circumstances, I find that no

purpose will be served by proceeding with the trial as

against the petitioners.

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

proceedings as against the petitioners in Crime No.422/2013

of Vattiyoorkavu Police Station, presently pending before

the Assistant Sessions Court, Thiruvananthapuram as

S.C.No.1298/2014 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 NO. 1937 OF 2021

APPENDIX OF CRL.MC 1937/2021

PETITIONER ANNEXURE

ANNEXUR-A1 THE CERTIFIED COPY OF THE FINAL REPORT DATED 29.01.2014 IN THE ABOVE CRIME.

ANNEXURE-A2 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT.

 
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