Subidas vs Bhavadasan
2021 Latest Caselaw 22935 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR. JUSTICE K.HARIPAL
   TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
                     CRL.MC NO. 5106 OF 2021
 CRIME NO. 1028 OF 2021 OF VADAKKEKARA POLICE STATION, ERNAKULAM
                             DISTRICT
PETITIONERS/ACCUSED NOS. 1 TO 4:

    1     SUBIDAS
          AGED 41 YEARS
          S/O.KUMARAN, KALATHIL HOUSE,
          KUMMAMKULAM P.O., KAKKAD,
          THRISSUR DISTRICT,
          PIN - 680 503.

    2     ARUN KUMAR
          AGED 35 YEARS
          S/O.SREEDHARAN,
          PANNIKKAVILLAPPIL HOUSE,
          KOZHIPPILLY P.O.,
          KOTHAMANGALAM,
          ERNAKULAM DISTRICT,
          PIN - 686 691.

    3     PRATHEESH P.S.
          AGED 37 YEARS
          S/O.SIVARAMAN,
          PANIKKAVEETTIL HOUSE,
          KODAKARA P.O.,
          THRISSUR DISTRICT,
          PIN - 680 684.

    4     AJITH KUMAR
          AGED 38 YEARS
          S/O.BHASKARAN, PULLOKKARAN HOUSE,
          MATTATHOOR P.O., KODAKARA,
          THRISSUR DISTRICT,
          PIN - 680 684.

          BY ADVS.M.T.SURESHKUMAR
                  R.RENJITH


RESPONDENTS/DEFACTO COMPLAINANT & STATE:

    1     BHAVADASAN
          AGED 41 YEARS
          S/O.AYYAPPAN, PANAYIMCHIRA HOUSE,
          ELAVUMPADAM, KANIYAMANGALAM,
          KIZHAKKENCHERRY VILLAGE,
 Crl.M.C.No.5106 OF 2021         2


          ALATHOOR, PALAKKAD DISTRICT,
          PIN - 678 684,
          NOW RESIDING AT PONNEKKARA,
          EDAPPALLY, ERNAKULAM,
          PIN - 682 041.

    2     UNNIKRISHNAN K.R.
          AGED 42 YEARS
          S/O.RAMAKRISHNAN, DOOR NO.121,
          WEST STREET, LEKHAPURAM TEMPLE,
          PUNCHAI LEKHAPURAM, E ROAD,
          PIN - 638 002.
          NOW RESIDING AT REVEENDRAN HOTEL,
          AIMS P.O., PONEKKARA,
          ERNAKULAM DISTRICT,
          PIN - 682 041.

    3     STATE OF KERALA
          REPRESENTED BY THE PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA,
          ERNAKULAM,
          PIN - 682 031.

          R1 & R2 BY ADV. P.K.ANIL
          R3 BY SRI. M.K.PUSHPALATHA, SENIOR PUBLIC PROSECUTOR



     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.5106 OF 2021              3




                                 ORDER

Petitioners are the accused in Crime No.1028/2021 of

Vadakkekara police station registered on 24.10.2021 alleging

offence under Sections 341, 323 and 324 read with 34 of the Indian

Penal Code. The matter is being investigated by the police.

Respondents 1 and 2 are the injured. Now it is submitted that the

matter is settled between the parties. Therefore, further proceedings

are sought to be quashed under Section 482 of the Code of

Criminal Procedure.

2. I heard the learned counsel for the petitioners and also

the learned Senior Public Prosecutor.

3. According to the learned Senior Public Prosecutor, the

respondents have not appeared before police and their statement

regarding settlement could not be recorded. However, contending

that the police is being harassing them, respondents 1 and 2 have

already moved W.P.(C.) No. 24161/2021 and when that case was

taken up, the learned Government Pleader had made an undertaking

that no such harassment has been done. Anyhow, from Annexure

A2 and A3 affidavits, it is quite clear that the case is settled and

they do not pursue the proceedings. It also seems that the

respondents did not sustain serious injuries.

4. Therefore, accepting the averments in the affidavits,

entire proceedings pursuant to the registration of Crime No.

1028/2021 of Vadakkekara police station are quashed.

Crl.M.C. is allowed as above.

Sd/-

K.HARIPAL

JUDGE

DCS/23.11.2021

APPENDIX

PETITIONER'S ANNEXURE

ANNEXURE A1 TRUE COPY OF FIR IN CRIME NO.1028/2021 OF VADAKKEKARA POLICE STATION DATED 24/10/2021.

ANNEXURE A2 AFFIDAVIT SWORN BY THE 1ST RESPONDENT DATED 25/10/2021.

ANNEXURE A3 AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 25/10/2021.

ANNEXURE A4 COPY OF THE JUDGMENT DATED 11.11.2021 IN W.P.(C.) NO. 24161/2021 OF THIS HON'BLE COURT.