Sakeer K.P vs State Of Kerala
2021 Latest Caselaw 14673 Ker

           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. 2717 OF 2021
    (TO QUASH ALL FURTHER PROCEEDINGS PENDINGS AGAINST THE
  PETITIONERS IN CC 281/2021 OF JUDICIAL MAGISTRATE OF FIRST
                  CLASS -I,HOSDRUG, KASARGOD)


PETITIONERS/ACCUSED 1 & 2:

    1     SAKEER K.P
          AGED 31 YEARS
          S/O.ABDUL KADER @ ANDUKKA, MUKKUDU HOUSE, MUKKUDU,
          CHITARI VILLAGE, KASARAGOD DISTRICT-671316.

    2     SHAJEER K.P.,
          AGED 26 YEARS
          S/O.ABDUL KADER @ ANDUKKA, MUKKUDU HOUSE, MUKKUDU,
          CHITARI VILLAGE, KASARAGOD DISTRICT-671316.

          BY ADVS:
          ROSIN JOSEPH
          SMT.MEGHA S PRATAP



RESPONDENTS/STATE & COMPLAINANT:

    1     STATE OF KERALA
          THROUGH THE STATION HOUSE OFFICER, HOSDURG POLICE
          STATION, (CRIME NO.294 OF 2009), REPRESENTED BY THE
          PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

    2     K.NARAYANAN
          AGED 59 YEARS
          S/O.KOTTAN, R/AT.KARAKUNNU, MUKKOODU, RAVANESWARAM
          P.O., CHITARI VILLAGE, KASARAGOD DISTRICT-671316.

    3     P.NARAYANI
          AGED 51 YEARS
          W/O.K.NARAYANAN, R/AT. KARAKUNNU, MUKKOODU,
          RAVANESWARAM P.O., CHITARI VILLAGE, KASARAGOD
          DISTRICT-671316.
 Crl.MC.No.2717 of 2021

                                    2



       4       SHYAMALA C.
               AGED 46 YEARS
               W/O.DAMODHARAN, R/AT.KARAYIL VEEDU, KARAKUNNU,
               MUKKOODU, RAVANESWARAM P.O., CHITARI VILLAGE,
               KASARAGOD DISTRICT-671316.

       5       SHYAMALA R.
               AGED 51 YEARS
               W/O.DAMODHARAN, R/AT.PODIPALLAM HOUSE, KARAKUNNU,
               MUKKOODU, RAVANESWARAM P.O., CHITARI VILLAGE,
               KASARAGOD DISTRICT-671316.

               BY ADV. RISHI VARMA T.R.

               SR.PUBLIC PROSECUTOR.ADV.SRI.C.S.HRITWIK



        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.2717 of 2021

                                  3




                             ORDER

Dated this the 14th day of July, 2021

The petitioners are accused Nos.A5 and A7 in Crime

No.294/2019 of Hosdurg Police Station, for having allegedly

committed offences punishable under Sections 143, 147, 148,

447, 452 and 427 r/w Section 149 IPC together with other

accused. The petitioners were absconding and hence the case

against them was split up and refiled from the original case, it

was taken on file at C.C.No.952/2009. The accused who faced

trial were all found not guilty an acquitted vide Annexure A3

judgment dated 08.07.2013. Accused Nos.1 to 4, 6, 9, 10

and 11 are the persons who are acquitted. The case against

the petitioners and A8 was split up and refilled as

C.C.No.911/2013. The case against the petitioners was

subsequently again split up and now it is pending at

C.C.No.281/2021 on the files of the Judicial First Class

Magistrate Court - I, Hosdurg.

Crl.MC.No.2717 of 2021

2. The petitioners state that in view of the judgment

at Annexure A3 the substratum of the prosecution case has

been lost and moreover the petitioners have settled the

matter with all the defacto complainant injured/aggrieved

persons. They have appeared through counsel and filed

affidavits to the effect that the matter has been settled and

that they do not have any objection to quashing the

proceedings against the petitioners. The affidavits are

Annexures A5 to A8.

3. The learned Public Prosecutor under instructions

has submitted that the settlement claimed by the petitioners

is genuine. The defacto complainant and the injured who are

respondents 2 to 5 have also appear through counsel and

submitted that they do not have any objection to quashing

the proceedings against the petitioners. There is no public

interest involved and the petitioners have no criminal

antecedents.

Crl.MC.No.2717 of 2021

Under the circumstances, I find that no purpose

would be served that the proceeding with trial as against the

petitioners. Hence, the petition is allowed and the entire

proceedings as against the petitioners in Crime No.294/2009

in Hosdurg Police Station, presently pending before the

Judicial First Class Magistrate-I, Hosdurg as C.C.No.281/2021

stands quashed under Section 482 Cr.P.C and the accused are

discharged and set at liberty.

Sd/-

ASHOK MENON JUDGE

SMF Crl.MC.No.2717 of 2021

APPENDIX OF CRL.MC 2717/2021

PETITIONERS' ANNEXURE:

ANNEXURE A1 A CERTIFIED COPY OF THE FIR DATED 17.04.2009 IN CRIME NO.294 OF 2009 OF HOSDURG POLICE STATION.

ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT DATED 20.05.2019 IN CRIME NO.294 OF 2009 AS NUMBERED AS CC NO.281 OF 2021 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDURG .

ANNEXURE A3 A CERTIFIED COPY OF THE JUDGMENT DATED 08.07.2013 IN C.C.NO.952 OF 2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDURG.

ANNEXURE A4 A TRUE COPY OF THE STATUS OF THE C.C.NO.281 OF 2021 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDURG IN CRIME 294 OF 2009 OF HOSDURG POLICE STATION.

ANNEXURE A5 THE AFFIDAVIT DATED 31.05.2021 SIGNED BY 2ND RESPONDENT/DEFACTO COMPLAINANT BEFORE AN ADVOCATE.

ANNEXURE A6 THE AFFIDAVIT DATED 31.05.2021 SIGNED BY 3RD RESPONDENT/INJURED WITNESS BEFORE AN ADVOCATE.

ANNEXURE A7 THE AFFIDAVIT DATED 31.05.2021 SINGED BY 4TH RESPONDENT/INJURED WITNESS BEFORE AN ADVOCATE.

ANNEXURE A8 THE AFFIDAVIT DATED 31.05.2021 SINGED BY 5TH RESPONDENT/INJURED WITNESS BEFORE AN ADVOCATE.

//TRUE COPY// PA TO JUDGE