Manikandan vs State Of Kerala
2021 Latest Caselaw 21171 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                        THE HONOURABLE MR. JUSTICE K.HARIPAL
             WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                                   CRL.MC NO. 3758 OF 2021
    (CRIME NO. 862 OF 2020 OF MEDICAL COLLEGE POLICE STATION, THRISSUR DISTRICT)
  AGAINST THE ORDER/JUDGMENT IN CP 17/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,
                               VADAKKANCHERRY, THRISSUR


PETITIONERS/ACCUSED NOS. 1 & 2:


      1       MANIKANDAN,
              AGED 40 YEARS
              S/O. VEERAN, VATTEKKATHIL HOUSE, THEKKUVATTA DESOM, PADAVEL
              VILLAGE, ATTAPPADY, PALAKKAD DISTRICT.

      2       JINESH,
              AGED 38 YEARS
              S/O.THOMAS, EDAKKALATHOOR HOUSE, GRAMALA DESOM, KILLANNOOR
              VILLAGE, THRISSUR DISTRICT.

              BY ADV VIVEK VENUGOPAL



RESPONDENTS/STATE/DEFACTO COMPLAINANT:


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

      2       AMAL MOHAN
              S/O. MOHANAN NAIR, KOLLECHU VEETTIL KARI, KOKOTHAMANGALAM
              VILLAGE, ALAPPUZHA DISTRICT 688 527.

              BY ADV BABU JOSE



              PP - SRI. M.C.ASHI




      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.10.2021, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.3758 of 2021
                              2

                          ORDER

Petitioners are the accused in C.P No. 17 of 2021 on the file

of the Judicial First Class Magistrate Court, Wadakkancherry,

which arose from the final report laid by the Sub Inspector,

Medical College police station, Thrissur in Crime No. 862 of 2020

alleging offence punishable under Sections 341, 324, 308 read

with Section 34 of the IPC.

2. The alleged incident had happened on 12.11.2020 at 23.45

hours on the Nattinpuram-Athani road. It is alleged that while

CWs 1 and 3 were moving on a motor cycle bearing registration

No. KL-32H-5969 with CW1 on the pillion seat, at a place by

name Nappttinpuram, the tanker lorry KL-32J-8623 driven by the

1st accused wrongfully restrained the motor cyclists and the 1 st

accused who is the 1st petitioner struck CW1 with a sword and

caused injuries on his head; then the 2nd accused hit him with a

torch and caused him grievous hurt on the head above the left ear.

It is further alleged that while he was attacked with the sword, had

it been not evaded, that would have resulted in fatal injuries. On Crl.M.C.No.3758 of 2021

that basis the crime was registered and after investigation charge

sheet has been laid. Now the case is in the stage of committal.

3. The petitioners have moved this Court for quashing the

proceedings on the premise that the matter stands settled with

CW1, the defacto complainant and the injured.

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

learned Public Prosecutor.

5. The learned Public Prosecutor also confirms the settlement

reached between the parties. Annexure-B affidavit of CW1 who is

the 2nd respondent indicates that the matter stands settled out of

Court and he has decided not to proceed against the accused

persons. He is not interested in pursuing the criminal proceedings

and therefore has no objection in quashing the proceedings.

6. The learned counsel also submitted that the petitioners and

the party respondent and others were members of different

associations of septic tank cleaning, now differences have been

talked over, both are moving in the same association. He also

pointed out that the counter case also stands settled, for quashing Crl.M.C.No.3758 of 2021

the same separate Criminal Miscellaneous Case is pending.

Yathasthu attached to the charge sheet also indicates that there is a

connected case as Crime No. 86 of 2020.

7. In the light of the submission that both the cases have been

settled, despite the fact that CW1 had sustained grievous injuries,

there is no purpose in proceeding with the case. Therefore, entire

proceeding in C.P. No. 17 of 2021 pending before the Judicial First

Class Magistrate Court, Wadakkancherry shall stand quashed and

the petitioners are exonerated.

Criminal Miscellaneous Case is allowed as above.

Sd/-

K. HARIPAL JUDGE RMV/20/10/2021 Crl.M.C.No.3758 of 2021

APPENDIX OF CRL.MC 3758/2021

PETITIONER ANNEXURE

Annexure A PHOTOCOPY OF THE FINAL REPORT IN CRIME NO. 862/2020 OF MEDICAL COLLEGE POLICE STATION, THRISSUR.

Annexure B THE ORIGINAL OF THE AFFIDAVIT SWORN TO BY THE RESPONDENT NO. 2 BEFORE HIS ADVOCATE AT THRISSUR, DATED 11.08.2021.