Citation : 2021 Latest Caselaw 13108 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. 2615 OF 2021
CRIME NO.1096/2019 OF Pozhiyoor Police Station, Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT IN ST 27/2020 OF GRAMA NYAYALAYA AT
PARASSALA, THIRUVANANTHAPURAM., THIRUVANANTHAPURAM
PETITIONER/S:
1 SURESH
AGED 27 YEARS
S/O. RAJAMANI, CHEELANTHI VILAKOM VEEDU, PARUTHIYOOR,
POZHIYOOR DESOM, KULATHOOR VILLAGE, NEYYATTINKARA.
2 SUBASH,
S/O. TADAUSE, AGED 28 YEARS, CHEELANTHI VILAKOM VEEDU,
PARUTHIYOOR, POZHIYOOR DESOM, KULATHOOR VILLAGE,
NEYYATTINKARA.
3 SUJAN,
S/O. TADAUSE, AGED 26 YEARS, CHEELANTHI VILAKOM VEEDU,
PARUTHIYOOR, POZHIYOOR DESOM, KULATHOOR VILLAGE,
NEYYATTINKARA.
4 ALEX,
S/O. XAVIER, AGED 25 YEARS, CHEELANTHI VILAKOM VEEDU,
PARUTHIYOOR, POZHIYOOR DESOM, KULATHOOR VILLAGE,
NEYYATTINKARA.
BY ADVS.
G.SUDHEER (K/000467/1992)-22698
R.HARIKRISHNAN (H-308)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, KOCHI-682031.
CRL.MC NO. 2615 OF 2021 2
2 ANTONY
S/O. PANIPICHA, AGED 44 YEARS, PUTHUVALPURAYIDOM
VEEDU, PARITHIYOOR, POZHIYOOR DESOM, KULATHOOR
VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM-695583.
R1 BY SRI. C.S.HRITHWIK SR.PP
R2 BY SRI.K.U.RAJESH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
The name of the first petitioner in
Crl.M.C.No.2615/2021 shall stand corrected as 'Subash'
instead of 'Suresh' in the head note portion of the Final
order dated 23.06.2021 as per order dated 26.07.2021 in
Crl.M.A. No.1/2021 in Crl.M.C. No.2615/2021.
Sd/-
ASSISTANT REGISTRAR
CRL.MC NO. 2615 OF 2021 3
O R D E R
Dated this the 23rd day of June 2021
Petitioners are accused Nos.1 to 4 in Crime No.1096/2019 of
Pozhiyoor Police Station for having allegedly committed offences
punishable under Sections 341, 249(b), 323 and 506(i) r/w Section
34 of IPC. The case is presently pending as S.T. No.27/2020 on
the files of the Grama Nyayalaya, Parassala.
2. The petitioners state that there is only one de facto
complainant and he has settled the matter with the petitioners.
The de facto complainant has appeared through counsel and filed
an affidavit. The learned Public Prosecutor has also been instructed
by the investigating officer regarding the settlement of the matter.
There is no public interest involved. The petitioners have no
criminal antecedents.
In the result, the Crl.M.C is allowed and the entire
proceedings against the petitioners in S.T.No.27/2020 on the files
of the Grama Nyayalaya, Parassala stands quashed under Section
482 of Cr.P.C. and the accused are discharged and set at liberty.
SD/-
ASHOK MENON
rmm JUDGE
APPENDIX OF CRL.MC 2615/2021
PETITIONER ANNEXURE
Annexure A ATTESTED COPY OF THE FIR & FIS IN CRIME NO. 1096/2019 OF POZHIYOOR POLICE STATION.
Annexure B ATTESTED COPY OF THE FINAL REPORT IN CRIME NO. 1096/2019 OF POZHIYOOR POLICE STATION, PENDING BEFORE THE GRAMA NYAYALAYA PARASSALA .
Annexure C COPY OF AFFIDAVIT SWORN BY THE 2ND RESPONDENT SIGNED BEFORE THE NOTARY PUBLIC.
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