Binu vs State Of Kerala
2021 Latest Caselaw 21467 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                  THE HONOURABLE MRS. JUSTICE M.R.ANITHA
         FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                          CRL.MC NO. 3830 OF 2021
 AGAINST THE ORDER/JUDGMENT IN CC 830/2017 OF JUDICIAL MAGISTRATE OF
                   FIRST CLASS -II,KOTTARAKKARA, KOLLAM
PETITIONERS/ACCUSED NOS.2 & 3:

     1        BINU
              AGED 40 YEARS
              S/O. VIJAYAN, BINDU BHAVAN, THEVALAPPURAM,
              NEDUVATHOOR VILLAGE, KOLLAM DISTRICT.
     2        VINEESH KUMAR
              AGED 36 YEARS
              S/O. VIJAYAN, MUKALUVILA, VADAKKETHIL,
              THEVALAPPURAM, NEDUVATHOOR, KOLLAM DISTRICT
              BY ADV RAJESH CHAKYAT
RESPONDENTS/STATE & DEFACTO COMPLAINANT:

     1        STATE OF KERALA
              REPRESENTED BY THE PUBLIC PROSECUTOR,
              HIGH COURT OF KERALA , ERNAKULAM 682 031
     2        REMANI KUMARY
              AGED 56 YEARS
              W/O. SUNDARESAN, GAYATHRI, MALANADA MURI,
              PAVITHRESWARAM VILLAGE, KOTTARAKKARA TALUK,
              KOLLAM DISTRICT 691 506
     3        SOORAJ R. KRISHNA
              AGED 24 YEARS
              S/O. SUNDERASHAN, GAYATHRI HOUSE,
              NEAR MALANADA SCHOOL, PAVITHARESHWARAM VILLAGE,
              KOLLAM DISTRICT REPRESENTED BY HIS MOTHER
              REMANI KUMARY 691 506
              SRI RENJITH GEORGE,SR PP
     THIS    CRIMINAL   MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
29.10.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO.3830 OF 2021
                                -2-



                              ORDER

This Crl.M.C. has been filed seeking to quash the entire

further proceedings pending against the petitioners in

C.C.No.830/2017 on the file of the Judicial First Class Magistrate

Court-II, Kottarakara, which arose out of crime No.1237/2017 of

Puthoor Police Station, which has been registered for the offences

punishable under Sections 323, 324, 354, 341, 294(b), 506 and 34

IPC.

2. It is alleged that out of some previous enmity towards

the defacto complainant, the first accused who is presently no

more, with the intention and preparation to voluntarily cause hurt

to the defacto complainant and defame her on 18.06.2017 at

about 20 hours, abused the son of the defacto complainant and hit

the son with an iron rode and when he tried to escape the other

accused wrongfully restrained, assaulted him and when the defacto

complainant tried to intervene, the second accused threatened to

do away with her and thereby accused committed the offences

aforementioned.

CRL.MC NO.3830 OF 2021

3. The entire issues between the petitioners and the

defacto complainant have been amicably settled out of court.

Affidavit duly sworn in by the defacto complainant has been

produced on the side of the petitioners.

4. Adv. Biju C Abraham appeared on behalf of the defacto

complainant and reports about the settlement arrived at between

the parties. The first accused is no more.

5. The learned Public Prosecutor produced copy of the

report of the Inspector of Police along with copy of the signed

statement of the defacto complainant. In the affidavit sworn in by

the defacto complainant as well as in the copy of the statement

produced from the side of the respondent, she has categorically

stated about the settlement arrived at with the petitioners. She

has no objection in quashing the FIR and all further proceedings

against the petitioners in C.C.No.830/2017 on the file of the

Judicial First Class Magistrate Court-II, Kottarakkara.

6. It has come out that the entire issues between the

petitioners and the defacto complainant have been amicably

settled out of court. The entire issues between the parties are

purely private in nature. No public interest is involved. Hence, the CRL.MC NO.3830 OF 2021

continuation of proceedings against the petitioners in crime

No.1237/2017 of Puthoor police station, would be an abuse of

process of court. Hence, ends of justice demand quashment of the

proceedings pending against the petitioners in the above crime.

In the result, this Crl.M.C. stands allowed and all further

proceedings pending against the petitioners C.C.No.830/2017 on

the file of the Judicial First Class Magistrate Court-II, Kottarakkara

is hereby quashed.

Sd/-

M.R.ANITHA JUDGE nkr CRL.MC NO.3830 OF 2021

APPENDIX OF CRL.MC 3830/2021

PETITIONER ANNEXURE Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO.

1237 OF 2017 OF PUTHOOR POLICE STATION, KOLLAM DISTRICT Annexure A2 CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO. 1237/2017 OF PUTHOOR POLICE STATION, KOLLAM DISTRICT.

Annexure A3 AFFIDAVIT DATED 16-08-2021 SWORN BY THE 3RD RESPONDENT.