Kerala High Court
Abi Shylajan vs State Of Kerala on 5 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
CRL.MC NO. 4780 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 3951/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,
VARKALA, THIRUVANANTHAPURAM
PETITIONER/ACCUSED (ORIGINAL A1):
1 ABI SHYLAJAN
AGED 31 YEARS
S/O. SHYLAJA KUMAR, PADMA MANDIRAM, PUTHAN NADA, VAKKOM DESOM,
VAKKOM VILLAGE, THIRUVANANTHAPURAM DISTRICT.
2 BIJU
AGED 34 YEARS
S/O. SUDARSANAN, KODIYIL HOUSE, ADIVARAM, VAKKOM DESOM, VAKKOM
VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN CODE - 695308.
BY ADV SHAJIN S.HAMEED
RESPONDENTS/STATE & CW1:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN CODE - 682031.
2 BIJU
AGED 34 YEARS
S/O. SUDARSANAN, KODIYIL HOUSE, ADIVARAM, VAKKOM DESOM, VAKKOM
VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN CODE - 695308.
BY ADV A.K.RAJESH
SR.PP - SRI. RENJITH T.R.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.11.2021, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.4780 of 2021
2
ORDER
Petitioner is the first accused in Crime No. 1101 of 2015 of
Kadakkavoor police station alleging offence punishable under
Sections 143, 294(b), 506(i) 283 read with Section 149 of the IPC.
There are five accused in the crime.
2. The allegation is that on 06.06.2015 at 3.50 pm at a place by
name Chandamukku, petitioners had formed and unlawful assembly
and in prosecution of their common object assaulted and injured
CW1, Biju conductor of bus KL-01-AB-5556, abused and intimidated
him and also caused traffic jam. On conclusion of investigation,
charge sheet has been laid before the Judicial First Class Magistrate's
Court, Varkala where the case was taken on file as C.C. No. 1494 of
2015. All the accused persons except the petitioner, the 1 st accused
faced trial and by judgment dated 31.08.2021 accused Nos. 2 to 5
were acquitted and the case against the petitioner was refiled as C.C.
No. 3951 of 2021. Now 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 2 nd respondent, the
deacto complainant.
3. I heard the learned counsel for the petitioner and also the
Crl.M.C.No.4780 of 2021
learned Senior Public Prosecutor.
4. The learned Senior Public Prosecutor has confirmed the
settlement reached between parties. Annexure-C affidavit of the 2 nd
respondent also indicates that the matter stands settled and he does
not want to pursue the proceedings. Moreover, from Annexure-B
judgment also it is evident that he had settled the matter with the other
accused persons and they were acquitted prematurely after examining
only the first three witnesses in the charge sheet.
5. That means, a settlement has been reached with the defacto
complainant. There is no point in proceeding with the petitioner
further in C.C. 3951 of 2021. Offences alleged are minor in nature.
By accepting such a settlement no public interest is hampered.
Resultantly, entire proceedings in C.C. No. 3951 of 2021 before the
Juicial First Class Magistrate's Court, Varkala are quashed and the
petitioner shall stand exonerated.
Criminal Miscellaneous Case is allowed as above.
Sd/-
K. HARIPAL
JUDGE
RMV/05/11/2021
Crl.M.C.No.4780 of 2021
APPENDIX OF CRL.MC 4780/2021
PETITIONER ANNEXURE
Annexure A PHOTOCOPY OF THE FINAL REPORT IN CRIME NO. 1101/2015 OF
KADAKKAVOOR POLICE STATION.
Annexure B CERTIFIED COPY OF THE JUDGMENT IN CC.NO. 1494/2015 ON THE
FILE OF THE JUDICIAL 1ST CLASS MAGISTRATE COURT-I,
VARKALA.
Annexure C AFFIDAVIT SWORN AND EXECUTED BY THE 2ND RESPONDENT.
