Kerala High Court
Fayis vs The State Of Kerala on 20 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 20TH DAY OF JULY 2021 / 29TH ASHADHA, 1943
CRL.MC NO. 2944 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 1741/2017 OF JUDICIAL MAGISTRATE OF
FIRST CLASS ,IRINJALAKUDA, THRISSUR
PETITIONER/S:
1 KIRAN KRISHNAN
AGED 24 YEARS
S/O. KRISHNANKUTTY, PALAKKANDI HOUSE, KOVILAKAM ROAD,
PARAPPANANGADI DESOM, PARAPPANANGADI P.O, THIRURANGADI
TALUK, MALAPPURAM DISTRICT, PIN 676 319
2 GOKUL
AGED 25 YEARS
S/O. PRIVAN, THANDASSERY HOUSE, VARANTHARAPPILLY DESOM,
VARANTHARAPPILLY P.O, MUKUNDAPURAM TALUK, THRISSUR
DISTRICT, PIN 680 303
3 VINAY MOHAN,
AGED 24 YEARS
S/O. MOHAN, PADINJATT HOUSE, THIRUVANCHIKULAM DESOM,
THIRUVANCHIKULAM P.O, KODUNGALLUR TALUK, THRISSUR
DISTRICT, PIN 680 664
4 YAHIYA MAJEED, N
AGED 25 YEARS
S/O. ABDUL MAJEED, THULUVANCHERY HOUSE, KIZHIPPULLIKKARA
P.O, KIZHUPPULLIKKARA VILLAGE, MUKUNDAPURAM TALUK,
THRISSUR DISTRICT, PIN 680 741
5 EBI JOSEPH
AGED 25 YEARS
S/O. JOSEPH GEORGE, ALAPPATT HOUSE, THELAPPILLY DESOM,
MADYIKONAM VILLAGE, MUKUNDAPURAM TALUK, THRISSUR
DISTRICT, PIN 680 712
6 MANEESH
AGED 25 YEARS
S/O. NARAYANAKUTTY, KURUVATH HOUSE, MUTTATHKULANGARA
DESOM VELLIKULANGARA VILLAGE, MUKUNDAPURAM TALUK,
CRL.MC NOs. 2944 & 2952 OF 2021
2
THRISSUR DISTRICT PIN 680 699
BY ADV N.L.BITTO
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY THE SUB INSPECTOR OF POLICE,
IRINJALAKUDA POLICE STATION THROUGH THE PUBLIC
PROSECCUTOR, HIGH COURT OF KERALA AT ERNAKULAM-682031
2 MUHAMMED FAYIZ
AGED 23 YEARS
S/O NOUSHAD, PUTHANVEETTIL HOUSE, MUTHUVATTOOR DESOM,
CHAVAKKAD P.O., GURUVAYOOR VILLAGE, CHAVAKKAD TALUK,
THRISSUR DISTRICT PIN-680506
BY ADV JITHIN BABU A
OTHER PRESENT:
SRI.T.S.RENJITH, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.07.2021, ALONG WITH Crl.MC.2952/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
CRL.MC NOs. 2944 & 2952 OF 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 20TH DAY OF JULY 2021 / 29TH ASHADHA, 1943
CRL.MC NO. 2952 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 2106/2017 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,IRINJALAKUDA, THRISSUR
PETITIONER/S:
1 FAYIS
AGED 24 YEARS
S/O NOUSHAD, PUTHENVEETTIL HOUSE, MUTHUVETTUR DESOM,
GURUVAYOOR VILLAGE, CHAVAKKAD TALUK, THRISSUR
DISTRICT, PIN-680 101.
2 MIDHUN,
AGED 24 YEARS
S/O GEORGE, ILAMTHURUTHY HOUSE, ERUMATHADAM DESOM,
VADAKKUMKARA VILLAGE, VADKKUMKARA P.O, MUKUNDAPURAM
TALUK, THRISSUR DISTRICT, PIN-680 661.
3 TOM,
AGED 27 YEARS
S/O JACOB, THAYIL HOUSE, KUTTANAD DESOM, CHAMBAKKULAM
VILLAGE, KUTTANAD TALUK, ALAPPUZHA DISTRICT,PIN-688
505.
4 RAIHAN SHAHEER,
AGED 23 YEARS
S/O SHAHEER, PALAYAMKOTT HOUSE, KATTUNGACHIRA DESOM,
PORATHISSERY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR
DISTRICT, PIN-680 125.
BY ADV N.L.BITTO
RESPONDENT/S:
CRL.MC NOs. 2944 & 2952 OF 2021
1 THE STATE OF KERALA
REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT
ERNAKULAM-682 031.
2 SARANG
AGED 23 YEARS
S/O SURESHBABU, THAYYIL HOUSE, ULLAS NAGAR DESOM,
PUTHENCHIRA VILLAGE, PUTHENCHIRA P.O. MUKUNDAPURAM
TALUK, THRISSUR DISTRICT, PIN-680 682.
3 KIRAN KRISHNAN
AGED 24 YEARS
S/O KRISHNAKUTTY, PALAKKANDI HOUSE, KOVILAKAM ROAD,
PARAPPANANGADI DESOM PARAPPANANGADI P.O.THIRURANGADI
TALUK, MALAPPURAM DISTRICT, PIN-676 319.
BY ADV JITHIN BABU A
SRI.T.S.RENJITH, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.07.2021, ALONG WITH Crl.MC.2944/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
CRL.MC NOs. 2944 & 2952 OF 2021
COMMON ORDER
Dated this the 20th day of July 2021
[Crl.MC Nos.2944/2021, 2952/2021]
The petitioners in Crl.M.C No.2944/2021 are accused Nos.1 to 6
in Crime No.523/2017 of Irinjalakuda Police Station for having
allegedly committed offences punishable under Sections 143, 147,
148, 341 and 323 r/w Section 149 of IPC and presently pending as CC
No.1741/2017 on the files of the Judicial First Class Magistrate
Court-I, Irinjalakuda. The petitioners in Crl.M.C. No.2952/2021 are
accused Nos. 1 to 4 in Crime No.1097/2017 of Irinjalakuda Police
Station for having allegedly committed offences punishable under
Sections 341, 323, 324, 294(b)and 506 r/w Section 149 of IPC and is
presently pending as CC No.2106/2017 before the Judicial First Class
Magistrate Court-I, Irinjalakuda. The de facto complainant in crime
No.523/2017 is the accused in Crime No.1097/2017.
2. Even though the incident has not taken place on the same
day it is more or less like as case and counter case. The parties have
now settled the matter between themselves and it is submitted that
they have no grievance against each other and they have no objection
CRL.MC NOs. 2944 & 2952 OF 2021
in quashing the proceedings against the accused in the respective
cases.
3. The learned Public Prosecutor has also obtained instructions
regarding the genuineness of the settlement. The injured and de
facto complainant in both the cases have appeared through counsel
and filed affidavits to the effect that the matter has been amicably
settled and that the proceedings may be quashed. The main offences
are all compoundable. The petitioners do not have any criminal
antecedents. There is no public interest involved.
Hence, the petitions are allowed and the entire proceedings in
Crime No.523/2017 of Irinjalakuda Police Station and Crime
No.1097/2017 of the same police station presently pending as CC
No.1741/2017 and CC No.No.2106/2017 on the files of the Judicial
First Class Magistrate Court-I, Irinjalakuda stand quashed under
Section 482 of Cr.P.C. and accused are discharged and set at liberty.
Sd/-
ASHOK MENON
JUDGE
rmm
CRL.MC NOs. 2944 & 2952 OF 2021
APPENDIX OF CRL.MC 2952/2021
PETITIONER ANNEXURE
Annexure 1 A TRUE COPY OF THE FIR IN CRIME NO 1097 OF
2017 OF THE IRINJALAKUDA POLICE STATION
DATED 18.7.2017
Annexure 11 A TRUE COPY OF THE FINAL REPORT IN CRIME NO
1097 OF 2017, OF THE IRINJALAKUDA POLICE
STATION DATED 5.8.2017
Annexure 111 ORIGINAL OF THE AFFIDAVIT OF THE 2ND
RESPONDENT DATED 23.3.2021
Annexure IV ORIGINAL OF THE AFFIDAVIT OF THE 3RD
RESPONDENT DATED 23.3.2021
RESONDENTS ANNEXURE NIL
CRL.MC NOs. 2944 & 2952 OF 2021
APPENDIX OF CRL.MC 2944/2021
PETITIONER ANNEXURE
Annexure 1 A TRUE COPY OF THE FIR IN CRIME NO. 523 OF
2021 OF THE IRINJALAKUDA POLICE STATION
DATED 17-03-2021
Annexure II A TRUE COPY OF THE FINAL REPORT IN CRIME
NO. 523 OF 2017, OF THE IRINJALAKUDA POLICE
STATION DATED 31-07-2017
Annexure III ORIGINAL OF THE AFFIDAVIT OF THE 2ND
RESPONDENT DATED 23-03-2021
RESONDENTS ANNEXURE NIL
