Citation : 2021 Latest Caselaw 14670 Ker
Judgement Date : 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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