Kerala High Court
Kochan @ Akash vs Rahul Raveendran on 2 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
CRL.MC NO. 4641 OF 2021
(CRIME NO. 686 OF 2021 OF ATTTINGAL POLICE STATION)
AGAINST THE ORDER/JUDGMENT IN CP 79/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,
ATTINGAL, THIRUVANANTHAPURAM
PETITIONERS/ACCUSED:
1 KOCHAN @ AKASH
AGED 24 YEARS
S/O. SATHEESAN R, RESIDING AT "M.S. NIVAS", VELARKUDI, ATTINGAL P.O,
THIRUVANANTHAPURAM - 695101,
(1ST PETITIONER/1ST ACCUSED)
2 VINOD V.
AGED 27 YEARS
RESIDING AT VAVARUVILA VEEDU, KADUVAYIL, VILAYILMOOLA, ATTINGAL,
AVANAVANCHERRY (PART), ATTINGAL P.O, THIRUVANANTHAPURAM - 695101 (2ND
PETITIONER/2ND ACCUSED)
3 JISHNU K.S
AGED 27 YEARS
S/O. SINDHU B, RESIDING AT 'JITHU NIVAS', KADUVAYIL, ATTINGAL (PART)
ATTINGAL P.O, THIRUVANANTHAPURAM - 695101,(3RD PETITIONER/3RD
ACCUSED)
4 AJEESH A
AGED 24 YEARS
S/O. ANI A, RESIDING AT 'CHARUVILA VEEDU', MATHIYODE, KADUVAYIL,
ATTINGAL P.O, THIRUVANANTHAPURAM - 695101. (4TH PETITIONER/4TH
ACCUSED).
5 JITH M.S
AGED 27 YEARS
S/O. MOHANAN, RESIDING AT 'A.M.C 28/185, MAVILA ROAD, ALAMCODE P.O,
ALAMCODE (PART), THIRUVANANTHAPURAM, 695102, (5TH PETITIONER/5TH
ACCUSED).
6 JIJO J.
AGED 20 YEARS
S/O. JEEVAKUMAR S., RESIDING AT 'SREEJA BHAVAN', KADUVAYIL, ATTINGAL
P.O, KEEZHATTINGAL (PART), THIRUVANANTHAPURAM - 695101, (6TH
PETITIONER/6TH ACCUSED)
7 AKASH A.V.
AGED 20 YEARS
S/O. AJAYAKUMAR, RESIDING AT 'POIKAVILA VEEDU', KODUMAN,
AVANAVANCHERRY (PART), ATTINGAL P.O, THIRUVANANTHAPURAM - 695101.
(7TH PETITIONER/7TH ACCUSED)
Crl.M.C.No.4641 of 2021
2
8 RAMESH R.C.
AGED 22 YEARS
S/O. REGHU, RESIDING AT MAVARAVILA, KADUVAYIL, AVANAVANCHERRY (PART)
ATTINGAL P.O, THIRUVANANTHAPURAM - 695101, (8TH PETITIONER/8TH
ACCUSED)
9 SAGAR S.L.,
AGED 20 YEARS
S/O. SAJIKUMAR, RESIDING AT "KOTTARAVILA VEEDU, KADUVAYIL,
AVANAVANCHERRY (PART), ATTINGAL P.O, THIRUVANANTHAPURAM (PART),
ATTINGAL P.O, THIRUVANANTHAPURAM - 695101(9TH PETITIONER/9TH
ACCUSED)
BY ADVS.
LEKSHMI RAMAKRISHNAN
MUHAMMAD JASHEEN J.
RESPONDENTS/DEFACTO COMPLAINANT AND STATE:
1 RAHUL RAVEENDRAN
AGED 32 YEARS
S/O.RAVEENDRAN, RESIDING AT VATTAVILA VEEDU, POOVANPARA, ATTINGAL,
ALANCODE P.O, THIRUVANANTHAPURAM -695102.
2 STATE OF KERALA
REPRESENTED BY THE STATION HOUSE OFFICER, ATTINGAL POLICE STATION,
THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031.
BY ADV RAJEEV A.R.
OTHER PRESENT:
SR.PP - SRI. RENJITH T.R.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02.11.2021, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.4641 of 2021
3
ORDER
Petitioners are accused in Crime No. 686 of 2021 of Attingal
police station, which was registered alleging offence punishable under
Sections 143, 147, 148, 294(b), 323,324, 308 read with Section 149 of
the IPC and Section 27 of the Arms Act.
2. The allegation is that on 24.04.2021 at 6.45 PM, accused
persons formed an unlawful assembly and in prosecution of their
common object had attacked and injured the defacto complainant,
who is the 1st respondent; the 1st accused had hit him with a sword, tip
of which hit on the neck of the 1 st respondent; the 2nd accused used an
iron stump against him and the 3rd accused hit him with a pen knife
and others manhandled him. On conclusion of investigation, charge
sheet has been laid before the Judicial First Class Magistrate's Court-
I, Attingal; the matter is now under committal stage and is pending as
C.P. No. 79 of 2021. Now it is contended that the matter stands
settled with 1st respondent and on that premise the entire proceedings
have sought to be quashed under Section 482 of the Cr.P.C.
3. I heard the learned counsel for the petitioners, the learned
counsel for the 1st respondent, the defacto complainant and also the
learned Senior Public Prosecutor.
Crl.M.C.No.4641 of 2021
4. The defacto complainant has now left for abroad on
30.09.2021. In the affidavit dated 09.09.2021 he has sworn that the
matter is settled amicably and he has no subsisting grievance against
the petitioners. The learned Senior Public Prosecutor also confirmed
the settlement reached with the 1st respondent.
5. It does not seem that the 1 st respondent had suffered serious
injuries in the occurrence. The petitioners are youngsters. The dispute
is settled; it appears that the registration of the crime was the outcome
of some personal dispute between the parties and by the settlement of
the dispute no public interest is hampered.
6. Therefore, entire proceedings in C.P. No. 79 of 2021 pending
before the Judicial First Class Magistrate's Court-I, Attingal are here
by quashed and the petitioners shall stand exonerated.
Criminal Miscellaneous Case is allowed as above.
Sd/-
K. HARIPAL
JUDGE
RMV/02/11/2021
Crl.M.C.No.4641 of 2021
APPENDIX OF CRL.MC 4641/2021
PETITIONER ANNEXURE
Annexure A1 CERTIFIED COPY OF THE FINAL REPORT IN C.P. NO. 79/2021 ON
THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE'S COURT-I,
ATTINGAL ARISING OUT OF CRIME NO. 686/2021 OF ATTINGAL
POLICE STATION DATED 24.04.2021
Annexure A2 ORIGINAL AFFIDAVIT SWORN BY THE 1ST RESPONDENT DATED
09.09.2021.
