Citation : 2021 Latest Caselaw 13106 Ker
Judgement Date : 23 June, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 23RD DAY OF JUNE 2021 / 2ND ASHADHA, 1943
CRL.MC NO. 2640 OF 2021
AGAINST THE ORDER/JUDGMENT IN SC 39/2021 OF ADDITIONAL SUB
COURT, IRINJALAKUDA, THRISSUR
PETITIONER/S:
1 RENJIL
AGED 28 YEARS
S/O.RAJAN, VETTIYATTIL HOUSE, VELLANGALLUR DESOM,
VADAKKUMKARA VILLAGE, THRISSUR DISTRICT.
2 SOORAJ
AGED 26 YEARS
S/O.SURENDRA BABU, THOPPILPARAMBIL HOUSE,
CHAMAKUNNU DESOM, VADAKKUMKARA VILLAGE, THRISSUR
DISTRICT.
3 AANTU
AGED 31 YEARS
S/O.ANTONY, CHAZHOOKARAN HOUSE, CHAMAKUNNU DESOM,
VADAKKUMKARA VILLAGE, THRISSUR DISTRICT.
4 VISHNU
AGED 19 YEARS
S/O.SHAJI, KORUMBIL VEEDU, CHAMAKKUNNU DESOM,
VADAKKUMKARA VILLAGE, THRISSUR DISTRICT.
BY ADV ABRAHAM MATHAN
RESPONDENT/S:
1 ANANDHU
AGED 26 YEARS
S/O.RAJAGOPAL, PUTHANVEEDU HOUSE, VELLANGALLUR
DESOM, VADAKKUKKARA VILLAGE, IRINJALAKUDA,
THRISSUR DISTRICT - 680 121.
Crl.MC 2640/2021
2
2 PRASAD
AGED 34 YEARS
S/O.RAJAN, PUTHANVEEDU HOUSE, VELLANGALLUR DESOM,
VADAKKUMKARA VILLAGE, IRINJALAKUDA, THRISSUR - 680
121.
3 KIRAN
AGED 21 YEARS
S/O.KERALAKUMAR, PUTHANVEEDU HOUSE, EZHEKATTUKARA
DESOM, MURIYAD VILLAGE, THRISSUR DISTRICT - 680
683.
4 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, PIN CODE-
5 THE STATION HOUSE OFFICER
IRINJALAKUDA POLICE STATION, IRINJALAKUDA - 680
125.
BY ADV ANAND
OTHER PRESENT:
SRI.M.R.DHANIL-PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Crl.MC 2640/2021
3
ASHOK MENON, J.
------------------------------------
Crl.MC No.2640 of 2021
-------------------------------------
Dated this the 23rd day of June, 2021
ORDER
The petitioners are accused Nos.1 to 4 in SC No.39/2021
on the files of the Additional Assistant Sessions Court,
Irinjalakkuda for having allegedly committed offences
punishable under Sections 341, 323, 324, 294(b), 506 and 308
read with Section 34 IPC. There are three injured, who are
respondents 1 to 3. The only non-bailable offence
incorporated is under Section 308 IPC.
2. The petitioners state that the matter has been
amicably settled with the de facto complainant and the injured.
They have all appeared through counsel and filed Annexures-
A3, A4 and A5 affidavits to that effect. The learned Prosecutor
also has under instructions submitted that the matter has been Crl.MC 2640/2021
amicably settled and that the de facto complainant and the
injured do not have any grievance against the petitioners.
3. After having heard both sides, I find that the only
grave offence is under Section 308 IPC. The petitioners do not
have any criminal antecedents. There is no public interest
involved. The injured have all filed affidavits to the effect that
the matter has been amicably settled and that they do not have
any more complaint or grievance against the petitioners.
Under the circumstances, the Crl.MC is allowed and the
entire proceedings as against the petitioners herein in Crime
No.900/2019 of Irinjalakuda Police Station pending as SC
No.39/2021 on the files of the Additional Assistant Sessions
Court, Irinjalakkuda shall stand quashed under Section 482
Cr.PC and the petitioners are discharged.
Sd/-
ASHOK MENON JUDGE jg Crl.MC 2640/2021
APPENDIX OF CRL.MC 2640/2021
PETITIONER ANNEXURE
Appendix 1 CERTIFIED COPY OF FIR IN CRIME NO.900 OF 2019 OF IRINJALAKUDA POLICE STATION DATED 02/11/2019 ALONG WITH FIS.
Appendix 2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME 900 OF 2019 OF IRINAJALKUDA POLICE STATION DATED 21/01/2020.
Appendix 3 TRUE COPY OF THE AFFIDAVIT FILED BY THE 1ST RESPONDENT DATED 11/12/2020.
Appendix 4 TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT DATED 12/03/2021.
Appendix 5 TRUE COPY OF THE AFFIDAVIT FILED BY THE 3RD RESPONDENT DATED 12/03/2021.
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