Manesh K.Madhu vs State Of Kerala
2021 Latest Caselaw 19115 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                         THE HONOURABLE MR. JUSTICE K.HARIPAL
              MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943
                                  CRL.MC NO. 3727 OF 2021
    (CRIME NO. 66 OF 2014 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA DISTRICT)
 AGAINST THE ORDER/JUDGMENT IN CC 145/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS,
                              THIRUVALLA, PATHANAMTHITTA


PETITIONERS/ACCUSED NO. 1 TO 4:


      1       MANESH K.MADHU,
              AGED 29 YEARS
              S/O.MADHU.C., VALAMPARAMBIL HOUSE, THUKALASSERY, THIRUVALLA,
              PATHANAMTHITTA DISTRICT, PIN-689 101.

      2       JAYAKRISHNAN.R.,
              AGED 25 YEARS
              S/O.RADHAKRISHNAN NAIR.B., NANDAVANATHIL HOUSE, THUKALASSERY,
              THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN-689 101.

      3       ABHILASH MOHANAN,
              AGED 30 YEARS
              S/O.MOHANAN, VALAMPARAMBIL HOUSE, THUKALASSERY, THIRUVALLA,
              PATHANAMTHITTA DISTRICT, PIN-689 101.

      4       MANU K.MADHU,
              AGED 25 YEARS
              S/O.MOHANAN, VALAMPARAMBIL HOUSE, THUKALASSERY, THIRUVALLA,
              PATHANAMTHITTA DISTRICT, PIN-689 101.

              BY ADVS.
              SEBIN THOMAS
              AMITH K.S
              APARNA ANIL
              ARUN SEBASTIAN



RESPONDENTS/STATE/DEFACTO COMPLAINANTS:


      1       STATE OF KERALA,
              REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
              ERNAKULAM-682 031.
 Crl.M.C.No.3727 of 2021
                                          2

     2       THE SUB INSPECTOR OF POLICE,
             THIRUVALLA POLICE STATION, PATHANAMTHITTA DISTRICT-691 526.

     3       ROSHAN VARGHEESE,
             AGED 26 YEARS
             S/O.REJI VARGHESE, CHUNGATHILAYA CHIRAPPATTIL, THIRUMOOLAPURAM
             P.O., PATHANAMTHITTA DISTRICT, PIN-689 115.

             BY ADV AKHIL BHASKAR



             SR.PP - SRI. HRITHWIK C.S.




      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.09.2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.M.C.No.3727 of 2021
                                      3

                                  ORDER

Petitioners are accused in Crime No. 66 of 2014 of

Thiruvalla police station which was registered alleging offence

punishable under Sections 143, 147, 148, 294(b), 323, 324,

506(ii) read with Section 149 of the IPC.

2. The alleged incident had happened on 08.01.2014

between two factions of students union belonging to ABVP and

SFI. It is alleged that the petitioners in furtherance of their

common intention had attacked and injured CW1, Roshan

Varghese and caused him injuries using sword and wooden stick.

Now the case is pending before the Judicial First Class

Magistrate Court, Thiruvalla as C.C.No.145 of 2015. The

petitioners want to quash the proceedings under Section 482 of

the Cr.P.C. on the ground that the case has been settled with the

defacto complainant, the 3rd respondent. In support of the

contention, affidavit of the 3rd respondent was also produced as

Annexure-3 along with the Criminal Miscellaneous Case.

3. I heard the learned counsel on both sides.

4. The learned Senior Public Prosecutor also has stated

that the matter stands settled between the parties. The affidavit Crl.M.C.No.3727 of 2021

filed by the 3rd respondent indicates that the matter has been

settled out of Court through mediation and he does not want to

proceed with the case further. He has no further complaint

against the petitioners and has no objection in quashing the

proceedings.

5. In the light of the clear indication given by the 3 rd

respondent, the injured who is the prime witness in the criminal

proceedings, there is no purpose in proceeding with the case

further. It appears that it was a personal dispute between the

petitioners on the one hand and the 3 rd respondent on the other,

by settling it out of Court, no public interest is hampered. In the

circumstances this Court cannot refuse to exercise its jurisdiction

under Section 482 of the Cr.P.C. All proceedings in C.C. No. 145

of 2015 are here by quashed.

Criminal Miscellaneous Case is allowed as above.

Sd/-

K.HARIPAL JUDGE RMV/13/09/2021 Crl.M.C.No.3727 of 2021

APPENDIX OF CRL.MC 3727/2021

PETITIONER ANNEXURE

Annexure I CERTIFIED COPY OF THE FIR DATED 09.01.2014 IN CRIME NO.66 OF 2014 IN CRIME NO. 66 OF 2014 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA DISTRICT.

Annexure I I CERTIFIED COPY OF THE CHARGE SHEET IN CC NO.145 OF 2015 DATED 20.03.2021.

Annexure I I I THE COMPROMISE AFFIDAVIT DATED 27.07.2021 FILED BY THE DEFACTO COMPLAINANT.