Kerala High Court
Davis @ Thattakom Davis vs Sereena Nishad on 30 November, 2021
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. 5846 OF 2020
(CRIME NO.258/2019 OF VELLIKULANGARA POLICE STATION, THRISSUR)
AGAINST THE ORDER/JUDGMENT IN CP 101/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I,
CHALAKUDY
PETITIONERS/ACCUSED 1 &3:
1 DAVIS @ THATTAKOM DAVIS
AGED 50 YEARS
S/O.ANTHONY, THATTOKATH HOUSE, RANDUKAI DESOM, KUTTICHIRA
VILLAGE, CHAIPPANKUZHY, THRISSUR DISTRICT, PIN-680724.
2 JOY,
AGED 49 YEARS
S/O.ANTHONY, THATTOKATH HOUSE, RANDUKAI DESOM, KUTTICHIRA
VILLAGE, CHAIPPANKUZHY, THRISSUR DISTRICT, PIN-680724.
BY ADVS.
PRABHU K.N.
SHRI.MANUMON A.
RESPONDENTS/DEFACTO COMPLAINANT, INJURED & STATE:
1 SEREENA NISHAD
AGED 41 YEARS
W/O.NISHAD, KAYAMKULAM HOUSE, MOSCO NAGAR, POTTA P.O., POTTA
VILLAGE, CHALAKUDY THALUK, THRISSUR DISTRICT, PIN-680722.
2 NISHAD
AGED 43 YEARS
S/O.SUBAIR, KAYAMKULAM HOUSE, MOSCO NAGAR, POTTA P.O., POTTA
VILLAGE, CHALAKUDY THALUK, THRISSUR DISTRICT, PIN-680722.
3 STATE OF KERALA,
REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-
682031.
BY ADV JAYAN KUTTICHAKKU
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. 5846 OF 2020
2
ORDER
Petitioners are the accused 1 and 3 in C.P. No.101 of 2020
pending before the Judicial First Class Magistrate's Court,
Chalakudy which arose from Crime No. 258 of 2019
Vellikkulangara police station, Thrissur. The allegations against
the petitioners are under Sections 323, 324, 326, 307, 379, 201
read with section 34 of the IPC. The petitioners have moved this
court for quashing the proceedings on the ground of settlement
reached with the party respondents 1 and 2.
2. I heard the learned counsel for the petitioners and also the
learned Public Prosecutor.
3. The learned Public Prosecutor has strongly opposed the
acceptance of settlement reached between parties. Allegations
against the petitioners and the 2nd accused are that on 08.05.2019
at 19.00 hours, with the promise of settling the dispute between
the 2nd respondent and the 1st petitioner, called the 2nd respondent
to the house of the 1st petitioner; when the 2nd respondent reached
in front of the house on his motor cycle, 2 nd petitioner/3rd accused
Crl.M.C.No. 5846 OF 2020
hit him down from behind with a wooden stick, when he fell
down, all the accused stamped him, the 1 st petitioner struck him
with a gun and caused grievous hurt to both his legs and right
hand and thus made attempts against his life; they also alleged to
have thieved his two mobile phones and a sum of Rs. 6500/-
carried by him. They also face allegations of destruction of
evidence.
4. Having regard to the nature and gravity of the allegations,
there is considerable force in the objections raised by the learned
Public Prosecutor. Offences under Sections 326 and 307 are the
major counts alleged against the petitioners. I have also gone
through the wound certificates in respect of the 2nd respondent. He
had suffered very serious injuries in the occurrence. He was taken
to the hospital with a puncture wound on the right 1/3rd forearm
over 1/3rd proximal aspect and other injuries. Further investigation
revealed that he suffered fracture on both bones, below leg also.
Moreover, an offence under section 307 of the IPC cannot be
considered for quashing on the ground of settlement in view of the
Crl.M.C.No. 5846 OF 2020
decision in Gian Singh v. State of Punjab and another [2012
AIR SCW 5333].
5. The learned Public Prosecutor also pointed out that the 1 st
petitioner is a history-sheeter in the sense that he has fourteen
criminal cases to his credit. Moreover, the 2 nd accused is shown
absconding and has not come into the picture at all. On these
considerations, the Criminal Miscellaneous Case is devoid of
merits and is liable to be dismissed. Dismissed.
Sd/-
K. HARIPAL
JUDGE
RMV/30/11/2021
Crl.M.C.No. 5846 OF 2020
APPENDIX OF CRL.MC 5846/2020
PETITIONER ANNEXURE
ANNEXURE A1 SEALED COPY OF THE FIRST INFORMATION REPORT IN
CRIME 258/2019 OF VELLIKULANGARA POLICE STATION,
DATED 09.05.2019.
ANNEXURE A2 SEALED COPY OF THE FINAL REPORT IN C.P.NO.101/2020
ON THE FILE OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, CHALAKUDY ARISING OUT OF
CRIME 258/2019 OF VELLIKULANGARA POLICE STATION
DATED 06.10.2020.
ANNEXURE A3 AFFIDAVIT SWORN BY THE 2ND RESPONDENT/INJURED
DATED 09.12.2020.
