Nishad.V.K vs State Of Kerala
2021 Latest Caselaw 19293 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                          PRESENT

                        THE HONOURABLE MR. JUSTICE K.HARIPAL

              TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943

                                   CRL.MC NO. 3822 OF 2021

       (IN CRIME NO. 3822 OF 2021 OF PAYYANNUR POLICE STATION, KANNUR DISTRICT)

      AGAINST THE ORDER/JUDGMENT IN SC 181/2014 OF SUB COURT, KANNUR, KANNUR



PETITIONERS/ACCUSED Nos. 1 to 6:

      1       NISHAD.V.K
              AGED 32 YEARS
              S/O. SASI, ALLAKKOT HOUSE, KARAMEL, VELLUR AMSOM VELLUR P.O,
              PAYYANNUR TALUK, KANNUR DISTRICT, PINCODE - 670307.

      2       MITHUN A
              AGED 32 YEARS
              S/O. BALAN, ALLAKKOT HOUSE, KARAMEL, VELLUR AMSOM VELLUR P.O,
              PAYYANNUR TALUK, KANNUR DISTRICT, PINCODE - 670307.

      3       SUBIN K
              AGED 30 YEARS
              S/O. SURENDRAN, KARAYIL HOUSE, KANDOTH, VELLUR AMSOM, VELLUR P.O,
              PAYYANNUR TALUK, KANNUR DISTRICT, PINCODE - 670307.

      4       VISHOB V
              AGED 29 YEARS
              S/O. VIJAYAN, KANNADA HOUSE, KANDOTH, VELLUR AMSOM VELLUR P.O,
              PAYYANNUR TALUK, KANNUR DISTRICT, PINCODE - 670307.

      5       SANOOP K, S/O. PADMANABHAN,
              AGED 29 YEARS
              KANNAADA HOUSE, KANDOTH, VELLUR AMSOM, VELLUR P.O, PAYYANNUR
              TALUK, KANNUR DISTRICT, PINCODE - 670307.

      6       PRAVEEN.V.V, S/O PAVITHRAN
              AGED 31 YEARS
              VALIYAVEEDU HOUSE, KANDOTH, VELLUR AMSOM VELLUR P.O, PAYYANNUR
              TALUK, KANNUR DISTRICT, PINCODE - 670307.

              BY ADV B.MUHAMMED SHAHEEL


RESPONDENTS/STATE, DEFACTO COMPLAINANT:

      1       STATE OF KERALA
              REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
              ERNAKULAM, COCHIN - 682031, (INVESTIGATING OFFICER IN CRIME NO. 946/2012
              OF PAYYANNUR POLICE STATION, KANNUR DISTRICT).

      2       ROOPESH
              AGED 45 YEARS
 Crl.M.C.No.3822 of 2021
                                         2

             S/O. VASU, ANGADIKKARAN HOUSE, ANNUR, VELLUR AMSOM, ANNUR P.O,
             PAYYANNUR TALUK, KANNUR DISTRICT, PINCODE - 670307.

             BY ADVS.
             K.REEHA KHADER
             VIMAL T.S.



             SR.PP - SRI. RENJITH T.R.




      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.09.2021, THE COURT

ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.M.C.No.3822 of 2021
                                    3

                                 ORDER

Petitioners are the accused in Crime No.946 of 2012 of

Payyannur police station, which was registered alleging offence

punishable under Sections 143, 147, 148, 341, 323, 324, 308 read

with Section 149 of the IPC. On conclusion of investigation,

charge sheet has been laid and now the case is pending before the

Assistant Sessions Court Payyannur as S.C.No. 181 of 2014.

Petitioners claim that the matter is settled with the 2 nd respondent,

the defacto complainant, injured and the 2Nd respondent does not

want to pursue the proceedings. On that ground, entire proceedings

are sought to be quashed. The petitioners also produced an affidavit

of the 2nd respondent shown as Annexure-2.

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

learned Senior Public Prosecutor.

3. According to the learned Senior Public Prosecutor the 1st

accused has numerous crimes registered against him between 2012

and 2016. But according to the counsel for the petitioners, all were

political crimes, that he is a leader of a political party. According

to the learned counsel, the petitioners are youngsters, that due to Crl.M.C.No.3822 of 2021

the pendency of the case some of them are unable to move out of

the country and that so long as the dispute is settled, the

proceedings may be quashed.

4. It is true that the 1st petitioner, 1st accused has many other

crimes registered against him. But having gone through the nature

of the allegations against the petitioners and despite the fact that

Section 308 of the IPC is alleged, it seems that the 2nd respondent

did not sustain any serious injuries. The charge sheet indicates that

while he was riding a motor cycle, the petitioners in prosecution of

their common object formed an unlawful assembly, intercepted

him and the 1st accused tried to attack him with a wooden stick on

his head, had the stick hit on his head, that would have turned fatal.

That was how Section 308 of the IPC was incorporated. It does not

seem that he had suffered any serious injuries. Now he has

condoned the acts of the petitioners and stated in unambiguous

terms that he does not want to pursue the proceedings; he has no

objection in quashing the proceedings. Moreover, by giving stamp

of approval to the settlement, public interests are not prejudiced. In

the circumstances since the injured himself has joined the Crl.M.C.No.3822 of 2021

petitioners in canvassing for quashing the proceedings, the Court

cannot refuse to exercise its jurisdiction under Section 482 of the

Cr.P.C.

5. In the result the Criminal Miscellaneous Case is allowed

and all proceedings pending before the Assistant Sessions Court

Payyannur as S.C. 181 of 2014 are here by quashed.

Criminal Miscellaneous Case is allowed as above.

Sd/-

K.HARIPAL JUDGE RMV/14/09/2021 Crl.M.C.No.3822 of 2021

APPENDIX OF CRL.MC 3822/2021

PETITIONER ANNEXURE

Annexure A1 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.

946/2012 OF PAYYANNUR POLICE STATION, KANNUR DISTRICT PENDING BEFORE THE ASSISTANT SESSIONS COURT, PAYYANNUR AS SC NO. 181/2014.

Annexure A2 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT.