Arunkrishna vs State Of Kerala
2021 Latest Caselaw 15634 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                  THE HONOURABLE MR. JUSTICE ASHOK MENON
          TUESDAY, THE 27TH DAY OF JULY 2021 / 5TH SRAVANA, 1943
                          CRL.MC NO. 3171 OF 2021
     CRIME NO.969/2019 OF Pallickal Police Station, Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT IN CC 3380/2020 OF JUDICIAL MAGISTRATE OF FIRST
                  CLASS -II,ATTINGAL, THIRUVANANTHAPURAM
PETITIONER/S:
     1      ARUNKRISHNA
            AGED 28 YEARS
            S/O. RADHAKRISHNAN, ARUN NIVAS, MALKKAI, PANAPPAMKUNNU,
            KILIMANOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT-695 602.

     2      BIJU
            AGED 37 YEARS
            S/O. THAMARAKSHAN, T.S.BHAVAN, MALAKKAL, PANAPPAMKUNNU,
            KILIMANOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT-695 602.

            BY ADVS.
            K.SIJU
            S.SEETHA
            ANJANA KANNATH


RESPONDENT/S:
     1      STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT
            ERNAKULAM-682 031.

     2      STATION HOUSE OFFICER
            PALLICKAL POLICE STATION,
            THIRUVANANTHAPURAM DISTRICT-695 604.

     3      PRATHEESH KUMAR
            AGED 37 YEARS
            S/O. RATHEESHKUMAR, RENJITH BHAVAN, THAZHAM MIDDLE, MEENAD
            VILLAGE, CHATHANNOOR, KOLLAM DISTRICT-691 579.

             SRI.C.S.HRITHWIK SR.PP,
            SRI. A. MUHAMMED RAFI


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.07.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.MC NO. 3171 OF 2021            2



                             ORDER

Dated this the 27th day of July, 2021

Petitioners are accused in Crime No.969/2019 of Pallickal Police

Station for having allegedly committed offences punishable under

Sections 341, 294(b), 323, 324, 506(i), 427 r/w Section 34 of IPC.

Investigation has been completed and the final report is filed. The

matter is presently pending before the Judicial First Class Magistrate

Court-II, Attingal as CC No.3380/2020.

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

The petitioners are relatives of the 3 rd respondent. It is stated that

they have settled their disputes and therefore the entire proceedings

as against the petitioners may be quashed under Section 482 of

Cr.P.C.

3. The 3rd respondent has appeared through counsel and filed

affidavit stating that he has no grievance against the petitioners and

that the entire proceedings as against them may be quashed.

4. The learned Public Prosecutor has also received instructions

regarding the genuineness of the settlement. The petitioners have no

criminal antecedents. It is because of the matrimonial disputes that

this incident took place. The main offences are compoundable.

Under the circumstances, I find that the petition is to be allowed

and the entire proceedings as against the petitioners in Crime

No.969/2019 of Pallickal Police Station presently pending as CC

No.3380/2020 on the files of the Judicial First Class Magistrate Court-

II,Attingal stands quashed under Section 482 of Cr.P.C. and the

accused discharged and set at liberty.

Sd/-

ASHOK MENON JUDGE rmm

APPENDIX OF CRL.MC 3171/2021

PETITIONER ANNEXURE

Annexure 1 THE CERTIFIED COPY OF FIR IN CRIME NO.969/2019 OF PALLICKAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT DATED 2.10.2019.

Annexure 2 THE CERTIFIED COPY OF FINAL REPORT IN CRIME NO.969/2019 OF PALLICKAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT DATED 8.10.2020.

Annexure 3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 13.7.2021 REGARDING THE COMPROMISE.

RESPONDENTS ANNEXURE      NIL