Kerala High Court
Alan Eapen vs State Of Kerala on 30 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
CRL.MC NO. 2979 OF 2021
AGAINST THE ORDER/JUDGMENT IN SC 729/2019 OF DISTRICT AND SESSIONS COURT, NORTH
PARAVUR, ERNAKULAM IN CRIME NO. 2345/2017OF ALUVA EAST POLICE STATION.
PETITIONERS/ACCUSED NOS.1,2,4,5,6,7:
1 ALAN EAPEN
AGED 23 YEARS
S/O. EAPEN THOMAS, KIZHAKKEPARAMBIL HOUSE, QUARTERS NO.1/E, KWA,
ALUVA, ERNAKULAM.
2 ANEESH ANTONY,
AGED 29 YEARS
S/O. ANTONY K.J., KALLARAKKAL HOUSE, MUPPATHADAM P.O., ALUVA, PIN-
683110.
3 ACHU @ ARAVIND V.S.,
AGED 26 YEARS
S/O. SAJEEVAN V.V., VELIYATH HOUSE, EDAYAPPURAM, ALUVA P.O.
4 JITHIN K. DIVAKARAN,
AGED 29 YEARS
DIVAKARAN K.K., KANNIKKAMALIL, MUPPATHADAM P.O., ALUVA-683110.
5 ALFIN RAJAN K.,
AGED 23 YEARS
S/O. RAJAN JOSEPH, KANDATHIL VEEDU, NEAR ZENATH THEATRE,
UMMANKUZHITHADAM, ALUVA WEST VILLAGE.
6 JITHIN JOSEPH,
AGED 26 YEARS
S/O. JOSEPH K.A., KATTIPPARAMBIL HOUSE, MUPPATHADAM P.O., ALUVA.
BY ADV P.V.ANILKUMAR
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682031.
2 MITHILAJ
AGED 23 YEARS
S/O. MUJEEB, KAMBIVELIKKAKATH HOUSE, KANGARAPADY KARA,
THRIKKAKKARA NORTH VILLAGE, ERNAKULAM, PIN-682021.
3 NIYAS
AGED 23 YEARS
S/O. SAKEER HUSSAIN, PRESENTLY RESIDING AT REEHA APARTMENT, FLAT
NO.9, MAROTTICHUVADU, EDAPPALLY, ERNAKULAM, PIN-682024.
4 AMRITHARAJ
AGED 22 YEARS
S/O. SUJITH, KOZHIPURATH VEETTIL, KANGARAPADY KARA, NEAR S.N.D.P.
TEMPLE, THRIKKAKARA NORTH VILLAGE-682021.
Crl.MC.No.2979 OF 2021 2
5 SUBIN
AGED 23 YEARS
S/O. SOORAJ, PLASSERIPARAMBIL HOUSE, KANGARAPADY KARA, NEAR
S.N.D.P. TEMPLE, THRIKKAKARA NORTH VILLAGE-682021.
BY ADV D.SARITHA
OTHER PRESENT:
SRI.C.S.HRITHWIK, SR.PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 30.07.2021, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
"S.C. No.729/2019 of District and Sessions Court,
Paravoor" occurring in the cause title of the
Crl.M.C.2979/2021 is corrected and substituted as "SC
No.726/2019 of Additional District and Sessions Court-
I, North Paravur" as per order dated 2nd September 2021
in Crl.M.A.3/2021 in Crl.M.C.2979/2021.
Sd/-
Assistant Registrar
Crl.MC.No.2979 OF 2021 3
O R D E R
Dated this the 30th day of July 2021
The petitioners are accused Nos. 6 and 8 in
Crime No.2345/2017 of Aluva East Police Station
presently pending as S.C. No.279/2019 on the
files of the District & Sessions Court, Paravoor
for having allegedly committed the offences
punishable under Sections 143, 148, 341, 323,
324,326, 307 read with Section 149 of the IPC.
2. The injured and the defacto complainant
are respondents 2 to 5. The petitioners stated
that the matter has been amicably settled with
the party respondents and that they have no
objection in quashing the proceedings against
the petitioners.
3. The learned Public Prosecutor has also
received instructions regarding the genuineness
of the settlement. The petitioners have no
criminal antecedents. Even though, offences
under Section 307 and 326 are incorporated, the
a fracture is to his left arm of one of the
witnesses and there is no head injury or other
grievous injuries. In view of the fact that the
injured have no objection against the
petitioners, no purpose will be served by
proceeding with the trial against the
petitioners.
In the result, the Crl.M.C is allowed.
The entire proceedings as against the
petitioners in Crime No.2345/2017 of Aluva East
Police Station presently pending as
S.C.No.729/2019 on the files of the District &
Sessions Court, Paravoor stands quashed under
Section 482 of the CRPC and the accused are
discharged and set at liberty.
Sd/-
ASHOK MENON
JUDGE
al/-
Continued at page No.6
The Sessions Case number and Court name
occurring as "S.C. No.279/2019 on the files of the
District & Sessions Court, Paravoor" in the 3rd and
4th lines of the first paragraph and occurring as
"S.C.No.729/2019 on the files of the District &
Sessions Court, Paravoor" in the 5th and 6th lines of
the last paragraph of the Final Order dated
30/07/2021 in Crl.M.C. No.2979/2021 is corrected
and substituted as "S.C.No.726/2019 on the files of
the Additional District and Sessions Court-I, North
Paravur", as per order dated 24th September 2021
in Crl.M.A.3/2021 in Crl.M.C.2979/2021.
Sd/-
Deputy Registrar
APPENDIX OF CRL.MC 2979/2021
PETITIONER ANNEXURE
Annexure A1 TRUE COPY OF DEATH CERTIFICATE OF ACCUSED NO.3 DATED
15.7.2019.
Annexure A2 THE CERTIFIED COPY OF CHARGE SHEET IN
F.I.R.NO.2345/17 OF ALUVA EAST POLICE STATION.
Annexure A3 THE ORIGINAL OF THE AFFIDAVIT OF RESPONDENT NO.2.
Annexure A4 ORIGINAL OF THE AFFIDAVIT OF THE RESPONDENT NO.3.
Annexure A5 ORIGINAL OF THE AFFIDAVIT OF THE RESPONDENT NO.4.
Annexure A6 ORIGINAL OF THE AFFIDAVIT OF THE RESPONDENT NO.5.
RESPONDENTS EXHIBITS : NIL
TRUE COPY
P.S TO JUDGE
AL/-
