Akhil vs State Of Kerala
2021 Latest Caselaw 22002 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                          PRESENT

                        THE HONOURABLE MR. JUSTICE K.HARIPAL

            WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943

                                  CRL.MC NO. 3440 OF 2021

            (CRIME NO. 869 OF 2017 OF HOSDURG POLICE STATION, KASARAGOD)

 AGAINST THE ORDER/JUDGMENT IN CP 65/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,

                                   HOSDRUG, KASARGOD

PETITIONER/ACCUSED (A5) :

              AKHIL
              AGED 30 YEARS
              S/O.SUKUMARAN P.V., KMC-XXXV, PACHAPANDARAM ROAD, KALLOORAVI,
              KANHANGAD VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.

              BY ADVS.
              HEMALATHA
              BINU GEORGE



RESPONDENTS/DEFACTO COMPLAINANT-STATE:

      1       STATE OF KERALA
              REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN
              682 031

      2       ADARSH P.V.
              AGED 21 YEARS, S/O.NARAYANAN, R/AT MADHURAKOTTU KUZHI, MADIKAL,
              AMBALATHARA VILLAGE, HOSDURG TALUK, PIN 671 314, KASARAGOD DISTRICT.


              BY ADV N.SASANKAN PILLAI



OTHER PRESENT:

              SR.PP - SRI. RENJITH T.R.




      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.11.2021, THE COURT

ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.3440 of 2021
                                    2

                                 ORDER

Petitioner is the 5th accused in the final report laid in Crime

No. 869 of 2017 of Hosdurg police station, which was registered

on 17.08.2017 on the basis of an incident that had happened on

15.08.2017 where offence under Sections 143, 147, 148, 324,

308, 506(ii) read with 149 of the IPC is alleged against the

accused persons twelve in number. On conclusion of

investigation, charge sheet was laid before the Judicial First Class

Magistrate's Court-I, Hosdurg against six persons raising the very

same allegations. That case came before the Additional Sessions

Court-II, Kasaragod as S.C. No. 883 of 2018. All accused except

the petitioner faced trial and by Annexure-A3 judgment dated

24.03.2021 they were found acquitted under Section 232 of the

Cr.P.C.

2. Now the case against the petitioner, who is the 5th accused

is pending as L.P. NO. 137 of 2018 before the Judicial First Class

Magistrate's Court-I, Hosdurg. At the time when the committal

proceedings were initiated, the petitioner was abroad and the case Crl.M.C.No.3440 of 2021

against him was not committed .

3. The petitioner has moved this Court under Section 482 of

the Cr.P.C. for quashing the proceedings on the premise that the

matter stands settled with the 2nd respondent, the defacto

complainant.

4. I heard the learned counsel for the petitioner and also

perused the Annexure-A3 judgment in S.C. No. 883 of 2018 of

the Additional Sessions Court-II, Kasargod and also Annexure-

A4 affidavit of the 2nd respondent where the 2nd respondent has

stated in clear terms that the matter stands settled and he has no

subsisting grievance against the petitioner, that he has no

objection in quashing the proceedings.

5. As rightly pointed out the learned counsel for the

petitioner, the name of the petitioner is not mentioned in the

Annexure-A1 FIR. Anyhow, he is the 5th accused in the original

charge sheet and he did not face trial. Even in Annexure-A3

judgment, it can be seen that the defacto complainant who was

examined as PW1 did not support the prosecution case. Thus Crl.M.C.No.3440 of 2021

accused Nos. 1 to 4 and 6 stand acquitted under Section 232 of

the Cr.P.C. after examining the defacto complainant and two

material witnesses; none of them did support the prosecution

case. In other words, traces of a settlement can be inferred in

Annexure-A3 itself. Now it has become more clear from

Annexure-A4 affidavit of the 2nd respondent. In the light of the

clear statement of the 2nd respondent there is no purpose in

continuing the proceedings in L.P. No. 137 of 2018.

6. In the result, entire proceedings in L.P. No. 137 of 2018

pending before the Judicial First Class Magistrate's Court-I,

Hosdurg are quashed and the petitioner shall stand exonerated.

Criminal Miscellaneous Case is allowed as above.

Sd/-

K. HARIPAL JUDGE RMV/03/11/2021 Crl.M.C.No.3440 of 2021

APPENDIX OF CRL.MC 3440/2021

PETITIONER ANNEXURE

Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO.869/2017 OF HOSDURG POLICE STATION.

Annexure A2 CERTIFIED COPY OF FINAL REPORT IN CRIME NO.869/2017 OF HOSDURG POLICE STATION.

Annexure A3 CERTIFIED COPY OF JUDGMENT DATED 24.3.2021 IN SC NO.883/2018 OF ADDITIONAL DISTRICT AND SESSIONS KASARAGOD.

Annexure A4 AFFIDAVIT DATED 26.7.2021 SWORN BY 2ND RESPONDENT