Kerala High Court
Hijo Joy vs State Of Kerala on 23 November, 2021
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. 4598 OF 2021
(CRIME NO. 473/2021 OF VARAPUZHA POLICE STATION
AGAINST THE ORDER/JUDGMENT IN CC 132/2017 OF JUDL. FIRST CLASS MAGISTRATE COURT,
NORTH PARAVUR (TEMPORARY), ERNAKULAM
PETITIONERS:
1 HIJO JOY
AGED 33 YEARS
S/O JOY, PEREPARAMBIL HOUSE, CHENNUR KARA, KADAMAKUDI VILLAGE,
ERNAKULAM
2 ANEESH AUGUSTINE
AGED 35 YEARS
S/O. AUGUSTINE, ANTHIKKADAN HOUSE, CHENNUR KARA, KADAMAKUDI
VILLAGE, ERNAKULAM
BY ADV M.K.FAISAL
RESPONDENTS:
1 STATE OF KERALA
REP BY STATION HOUSE OFFICER, VARAPUZHA POLICE STATION, REP BY PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
2 ANEESH THOMAS @ AKKISH THOMAS
AGED 26 YEARS
XAVIER, KALATHIPARAMBIL HOUSE, MUTTINAKAM KARA, VARAPUZHA
VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT
BY ADV K.G.PREETHY
OTHER PRESENT:
PP - SRI. M.C.ASHI
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. 4598 OF 2021
2
ORDER
Petitioners are the accused in C.C. No. 132 of 2017 pending
before the Judicial First Class Magistrate's Court-III, North
Paravoor, where they face allegations under Sections 341, 323,
324 read with Section 34 of the IPC.
2. The incident had happened on 16.04.2017 at 3 a.m. It is
alleged that the accused persons when had seen the de facto
complainant at odd hours on the public road, wrongfully
restrained him, questioned him, and also assaulted and
manhandled him. He was assaulted with shoes worn by the de
facto complainant and caused him injuries. Crime No. 473 of
2017 on Varappuzha police station was registered on the strength
of the First Information Statement given by CW1, who is the 2 nd
respondent. Now the petitioners have moved this Court on the
ground of the settlement reached with the 2nd respondent seeking
to quash the proceedings under Section 482 of the Cr.P.C.
3. I heard the learned counsel for the petitioners, the learned
counsel for the 2nd respondent as well as the learned Senior
Crl.M.C.No. 4598 OF 2021
Public Prosecutor.
4. The learned Senior Public Prosecutor has confirmed the
settlement. Moreover Annexure-A2 affidavit of the 2 nd
respondent also clearly indicates that the matter is settled at the
intervention of mediators and that he does not want to pursue the
proceedings.
5. The injuries sustained by the 2nd respondent are simple in
nature; he has averred that he has no subsisting complaint against
the petitioners and he does not want to continue the proceedings.
In the light of the same, there is no purpose in continuing the
proceedings in C.C. No. 132 2017. Entire proceedings are
quashed and the petitioners shall stand exonerated.
The Criminal Miscellaneous Case is allowed as above.
Sd/-
K. HARIPAL
JUDGE
RMV/23/11/2021
Crl.M.C.No. 4598 OF 2021
APPENDIX OF CRL.MC 4598/2021
PETITIONER ANNEXURE
Annexure A1 THE CERTIFIED COPY OF THE CHARGE SHEET FILED BY THE
VARAPUZHA POLICE IN CRIME NO.473/2017 DATED 29.04.2017
Annexure A2 AFFIDAVIT SWORN BY THE 2ND RESPONDENT/CW1
