Krishnadas vs State Of Kerala
2021 Latest Caselaw 23666 Ker

                          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                            PRESENT

                             THE HONOURABLE MR. JUSTICE K.HARIPAL

               TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943

                                      CRL.MC NO. 138 OF 2021

                       (CRIME NO. 551/2016 OF KUTHIYATHODU POLICE STATION)

    AGAINST THE ORDER/JUDGMENT IN CC 1308/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,

                                          CHERTHALA

PETITIONERS/ACCUSED:

      1       KRISHNADAS
              AGED 29 YEARS
              S/O. SATYANATHA PRABHU, RESIDING AT MALIEKKAL HOUSE, THIRUMALA BHAHAM P.O,
              KUTHIYATHODE, PIN-688 540


      2       ARUN P PAI,
              AGED 23 YEARS
              S/O. RADHAKRISHNA PAI, RESIDING AT THOTTUNKALPARAMBU (H), KUTHIYATHODE P.O,
              KODAMTHURUTH, PIN-688 533


      3       GOVIND RAJ,
              AGED 28 YEARS
              S/O. SATYANATHAPRABHU, RESIDING AT MALIEKKAL HOUSE, THIRUMALA BHAGHAM
              P.O, KUTHIYATHODE, PIN-688 540


      4       SANDEEP, SURESH,
              AGED 25 YEARS
              RESIDING AT VELLIPARAMBU (H), THIRUMALA BHAGAM P.O, KUTHIYATHODE, PIN-688 540


      5       DEVANARAYANA PRABHU ,
              AGED 25 YEARS
              S/O. STYANATHA PRABHU, RESIDING AT MALIEKKAL HOUSE, THIRUMALA BHAGHAM P.O,
              KUTHIYATHODE, PIN-688 540


      6       ADARSH KRISHNA S,
              AGED 23 YEARS
              S/O. SANTHOSH KUMAR, NIKARTHIL (H), THIRUMALA BHAGAM P.O, KUTHIYATHODE, PIN-
              688 540


      7       VARUN S NAIK,
              AGED 29 YEARS
              S/O. SREENIVAS NAIK, RESIDING AT SREEKRIPAM (H), THIRUMALA BHAGAM P.O,
              KUTHIYATHODE, PIN-688 540


              BY ADVS.
              N.ANILKUMAR
              SRI.SINU.G.NATH
              SHRI.APPU T.S.
              SHRI.TONY GEORGE THOMAS
              SMT. AKSHARA SHYAM
              SMT. ADARSA P.M.




RESPONDENTS/DE FACTO COMPLAINANTS:
 Crl.M.C.No. 138 OF 2021
                                         2


      1      STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682 031


      2      STATION HOUSE OFFICER,
             KUTHIYATHOD POLICE STATION, ALAPPUZHA DISTRICT-688 533


      3      NANDAKISHORE SHENOY,
             AGED 23 YEARS, S/O. E.D. BALAKRISHNA SHENOY, NO. 40/4102A, ELUPARAMBU
             (H), COCHIN CORPORATION DIVISION-67, PIN-682 011


      4      ANASOOYA B SHENOY,
             AGED 51 YEARS
             W/O. E.D. BALAKRISHNA SHENOY, NO. 40/4102A, ELUPARAMBU (H), COCHIN
             CORPORATION DIVISION-67, PIN-682 011


             BY ADV SMT.THANUJA ROSHAN




OTHER PRESENT:

             ADV. M.C.ASHI (PP)



THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.11.2021, THE COURT ON

THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No. 138 OF 2021
                                 3

                              ORDER

Petitioners are the accused in C.C. No. 1308 of 2016 pending

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

which was taken on file on the final report in Crime No. 551 of

2016 of Kuthiyathodu police station. Thus accused persons, seven

in number, face allegations under Sections 143, 147, 341, 323, 506

(i) read with Section 149 of the IPC.

2. It is alleged that on 11.05.2016 at 11 pm, the accused

persons formed an unlawful assembly and in prosecution of their

common object, wrongfully restrained CWs 1 and 2 who are

respondents 3 and 4 and twisted their hands and also manhandled

them. Thus the crime was registered and after investigation, the

charge sheet has been laid for the above-stated offences. Now

petitioners have moved this Court under Section 482 of the Cr.P.C.

seeking to quash the proceedings on the ground that the matter

stands settled with the party respondents 3 and 4.

3. I heard the learned counsel for the petitioners, the learned

counsel for respondents 3 and 4, and also the learned Senior

Public Prosecutor.

Crl.M.C.No. 138 OF 2021

4. The learned Senior Public Prosecutor also confirmed that

the statement of CW1, the 3rd respondent, has been recorded and

he has spoken about the settlement reached between the parties.

Respondents 3 and 4 filed separate affidavits confirming that the

matter is settled. In the affidavits, they have affirmed that the

matter is settled on their own volition, that they do not want to

prosecute the petitioners. The learned counsel for the petitioners

also submitted that the parties are relatives. On these

considerations and having regard to the fact that the allegations are

minor in nature, the settlement can be accepted and the proceeding

can be quashed.

5. Therefore, entire proceedings in C.C. No. 1308 of 2016

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

Cherthala are quashed and the petitioners shall stand exonerated.

The Criminal Miscellaneous Case is allowed as above.

Sd/-

K. HARIPAL JUDGE RMV/30/11/2021 Crl.M.C.No. 138 OF 2021

APPENDIX OF CRL.MC 138/2021

PETITIONER ANNEXURE

ANNEXURE A1 CERTIFIED COPY OF FINAL REPORT IN CRIME NO. 551/2016 PENDING BEFORE THE HON'BLE JUDICIAL FIRST CLASS COURT NO.1, CHERTHALA IN CC NO. 1308/2016.

ANNEXURE A2 TRUE COPY OF THE DISCHARGE CERTIFICATE OF THE 3RD RESPONDENT /CW3.

ANNEXURE A3 TRUE COPY OF THE DISCHARGE CERTIFICATE OF THE 4TH RESPONDENT/CW4