Vishnu K.B vs State Of Kerala
2021 Latest Caselaw 7067 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

     MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942

                      Crl.MC.No.179 OF 2021(B)

AGAINST THE ORDER/JUDGMENT IN CP 60/2020 OF JUDICIAL MAGISTRATE OF
                     FIRST CLASS ,KUNNAMKULAM

    CRIME NO.486/2018 OF KUNNAMKULAM POLICE STATION, THRISSUR


PETITIONER/3RD ACCUSED:

             VISHNU K.B
             AGED 24 YEARS
             S/O. BALAKRISHNAN, RESIDING AT KANDANKULANGARA VEEDU,
             PAZHUNNANA DESOM, CHEMMAMTHITTA VILLAGE, KUNNAMKULAM
             THRISSUR

             BY ADVS.
             SRI.V.V.SURENDRAN
             SRI.P.A.HARISH

RESPONDENTS/STATE & COMPLAINANTS:

      1      STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM 682 031

      2      THE STATION HOUSE OFFICER,
             KUNNAMKULAM 680 503

      3      SHARATH,
             S/O. PREMAN, RESIDING AT THANDASHERIL HOUSE,
             PAZHUNNANA DESOM, CHEMMAMTHITTA VILLAGE, KUNNAMKULAM,
             THRISSUR 680 501

      4      ARJUN
             S/O. KRISHNAN, RESIDING AT KOTTARAPATTIL HOUSE,
             PAZHUNNANA DESOM, CHEMMAMTHITTA VILLAGE, KUNNAMKULAM,
             THRISSUR 680 501

             R3 BY ADV. M.V.BHANUPRAKESH
             R3-4 BY ADV. SMT.RESMI NANDANAN
             R4 BY ADV. M.V.BHANUPRAKASH

OTHER PRESENT:

             SR.PP.C.S.HRITHWIK
 CRL.M.C.NO.179 OF 2021
                              2

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.179 OF 2021
                                  3




                              ORDER

Dated this the 1st day of March 2021

The petitioner, who is the third accused in Crime

No.486/2018 of Kunnamkulam Police Station

registered for offences punishable under Sections

143, 147, 148, 341, 323, 324, 326 & 308 read with

Section 149 of I.P.C., presently pending as C.C.No.

60/2020 on the files of the Judicial First Class

Magistrate Court, Kunnamkulam, seeks to quash the

criminal proceedings against him on the strength

of the settlement arrived at with the defacto

complainants/injured. The defacto complainants/

injured arrayed as the 3rd and 4th respondents have

been filed affidavits to the effect that they were not

assaulted by the petitioner and no overt-act was

committed by him.

2. I am not inclined to quash the proceedings in

a piecemeal manner, especially in cases involving

serious offences. At best, the factum of settlement CRL.M.C.NO.179 OF 2021

can be raised as a ground for discharge before the

jurisdictional court.

In the result, the Criminal Miscellaneous Case is

dismissed, reserving the petitioner's liberty to move

the trial court with an application for discharge,

raising all contentions, including those raised in this

Criminal Miscellaneous Case.

Sd/-

V.G.ARUN

JUDGE NB CRL.M.C.NO.179 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE FIR NO. 486/2018 REGISTERED BY THE 2ND RESPONDENT ON THE BASIS OF STATEMENT OF 3RD RESPONDENT

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT AND CHARGE IN C.P NO. 60/2020 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE, KUNNAMKULAM

ANNEXURE A3 AFFIDAVIT OF 3RD RESPONDENT SWORN BEFORE AND ATTESTED BY A NOTARY PUBLIC DATED 26- 12-2020

ANNEXURE A4 AFFIDAVIT OF 4TH RESPONDENT SWORN BEFORE AND ATTESTED BY A NOTARY PUBLIC DATED 26- 12-2020

RESPONDENT'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE