Sameer vs State Of Kerala
2021 Latest Caselaw 14730 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. 2834 OF 2021
 CRIME NO.1086/2017 OF Pallickal Police Station, Thiruvananthapuram
 AGAINST THE ORDER/JUDGMENT IN CC 322/2018 OF JUDICIAL MAGISTRATE OF
               FIRST CLASS -II,ATTINGAL, THIRUVANANTHAPURAM
PETITIONER/S:

     1        SAMEER
              AGED 28 YEARS
              S/O. MAZOODH, MANKUZHI, KUNNUMPURATHU VEEDU,
              PULIYOORKONAM, MADAVOOR VILLAGE - 695602.

     2        ANSAR
              AGED 33 YEARS
              S/O. ASHRAF, KOOVAKKUZHI KUNNIL VEEDU, KUNNUKPURATH,
              PULIYOORKONAM, PALLIKKAL, THIRUVANANTHAPURAM - 695602

     3        ANVAR
              S/O. ASHRAF, KUNNIL VEEDU, KOOVAKUZHY, PULIYOORKONAM,
              MADAVOOR VILLAGE - 695602.

     4        NAZEER
              S/O. MUHAMMED KASIM, THANSILA MANZIL, PULIYOORMONAM,
              MADAVOOR VILLAGE - 695602.

              BY ADV ANIL K.NAIR



RESPONDENT/S:

     1        STATE OF KERALA
              REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
              KERALA, ERNAKULAM, 682031.

     2        SUB INSPECTOR OF POLICE
              PALLIKKAL POLICE STATION, THIRUVANANTHAPURAM - 695602.
 CRL.MC NO. 2834 OF 2021
                                      2



     3      ASHIK @ ATTAPPATTU
            S/O. M.S RAFI, KANISSERI VEEDU, MAVINMOODU VILLAGE,
            VARKALA, THIRUVANANTHAPURAM - 695141.

            R1-R2 BY SRI.T.R.RENJITH, PP

            R3 BY ADV THOMAS ABRAHAM




     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. 2834 OF 2021
                                        3




                                 O R D E R

Dated this the 14th day of July 2021

The petitioners are accused 1 to 4 in Crime

No.1086/2017 of Pallikkal Police Station for having

allegedly committed the offences punishable under Sections

323, 324 and 341 read with Section 34 of the I.P.C. The

final report has already been filed and taken on the files

of the Judicial First Class Magistrate Court-II, Attingal

as C.C.No.322/2018.

2. The de facto complainant/injured is the 3rd

respondent herein and he states that the matter has been

settled between them and that the quarrel had resulted due

to political difference between them and the entire matter

has now been settled. The 3rd respondent has appeared

through a Counsel and also filed an affidavit regarding the

settlement and it is stated that he has no objection in

quashing the proceedings as against the petitioners. The

learned Public Prosecutor has also got instructions in that CRL.MC NO. 2834 OF 2021

regarding the genuineness of the settlement. The offences

alleged are all compoundable and the petitioners do not

have any criminal antecedents. No public interest is

involved.

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

proceedings as against the petitioners in Crime

No.1086/2017 of Pallikkal Police Station, presently pending

on the files of the Judicial First Class Magistrate Court-

II, Attingal as C.C.No.322/2018, 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. 2834 OF 2021

APPENDIX OF CRL.MC 2834/2021

PETITIONER ANNEXURE

Annexure 1 THE CERTIFIED COPY OF THE FIR NO. 1086 OF 2017 OF PALLIKKAL POLICE STATION, THIRUVANANTHAPURAM.

Annexure 2 THE ORIGINAL AFFIDAVIT OF THE DEFACTO COMPLAINANT.

Annexure 3 THE CERTIFIED COPY OF THE FINAL REPORT FILED IN FIR NO. 1086 OF 2017 OF PALLIKKAL POLICE STATION.