Visakh vs Station House Officer
2021 Latest Caselaw 23750 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. 3869 OF 2021

          (CRIME NO.699/2016 OF PANGODE POLICE STATION, THIRUVANANTHAPURAM)

AGAINST THE ORDER/JUDGMENT IN CC 2858/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,

                                      NEDUMANGAD

PETITIONERS/ACCUSED NOS 1 AND 2:


      1        VISAKH
               AGED 26 YEARS
               MOHANAN NAIR, VISAKH BHAVAN, MEETHOOR, KALLARA, PANGODE,
               THIRUVANANTHAPURAM-695 609.
      2        VISHNU
               AGED 26 YEARS
               S/O. SURESHBABU, UTHRADAM HOUSE, THUMPODE, KALLARA,
               THIRUVANANTHAURAM-695 609.

               BY ADV V.A.VINOD

RESPONDENTS/COMPLAINANT/STATE & DEFACTO COMPLAINANT:


      1        STATION HOUSE OFFICER
               PANGODE POLICE STATION, THIRUVANANTHAPURAM-695 609.

      2        STATE OF KERALA
               REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
               ERNAKULAM-682 031.
      3        ASIF
               AGED 25 YEARS
               S/O. SURESHBABU, UTHRADAMHOSUE, THUMPODE, KALLARA,
               THIRUVANANTHAPURAM-695 608.

               BY ADVS.
               SRI.C.S.HRITHWIK (SR. GP)
               SRI.SHAKTHI PRAKASH



      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. 3869 OF 2021
                                 2

                             ORDER

Petitioners are the accused in C.C No. 2858 of 2016 pending

before the Judicial First Class Magistrate's Court-II, Nedumangad.

That was the culmination of investigation in Crime No. 699 of

2016 of Pangode police station, registered on 03.07.2016 alleging

offence punishable under Sections 341, 323, 294, 427 read with

Section 34 of the IPC.

2. The specific allegation against the petitioners is that on

02.07.2016 at 17 hours, accused persons, in furtherance of their

common intention wrongfully restrained CW1 Asif, the 3rd

respondent while he was moving in his car, dragged him out of the

car and damaged the vehicle and also manhandled him. Thus the

above-stated offences are alleged against the petitioners. The

petitioners have now moved this Court contending that the matter

is settled with the 3rd respondent and hence the proceedings are

sought to be quashed under Section 482 of the Cr.P.C.

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

learned Senior Public Prosecutor.

4. The learned Senior Public prosecutor on instructions has Crl.M.C.No. 3869 OF 2021

submitted that the petitioners have another case of similar nature.

But the learned counsel for the petitioners submits that that case

also has been settled.

5. Annexure III affidavit filed by the 3rd respondent indicates

that the crime was launched on some misunderstanding, that the

entire dispute has been amicably settled in the presence of

respectable mediators, and that he has no further grievance against

the petitioners.

6. The allegations against the petitioners are not serious in

nature; the matter is settled between parties. In the circumstances,

entire proceedings in C.C. No. 2858 of 2016 pending before the

Judicial First Class Magistrate's Court-II, Nedumangad 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. 3869 OF 2021

APPENDIX OF CRL.MC 3869/2021

PETITIONER'S ANNEXURE

Annexure I CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.66/2016.

Annexure II CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.2858/2016.

Annexure III AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT DATED 6.7.2021.