Kerala High Court
Akbar Ali J vs State Of Kerala on 17 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
CRL.MC NO. 4162 OF 2021
CRIME NO.1389/2014 OF Cantonment Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT IN CC 2777/2014 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -III,TRIVANDRUM, THIRUVANANTHAPURAM
PETITIONERS/ACCUSED 2 & 6:
1 AKBAR ALI J.
AGED 29 YEARS
S/O JUMNNAR A,
AKBAR ALI MANZIL,
KARUMARAKKODE,
ARUVIKKARA P.O, THIRUVANANTHAPURAM-695564.
2 ANAS A., AGED 27 YEARS,
S/O ABDUL SALAM, RAFEEKA MANZIL, NEDUMBARA P.O,
KOLLAM-691576.
BY ADV R.V.SREEJITH
RESPONDENTS/STATE & DEFACTO COMPLAINANTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
2 PRAVEEN
AGED 27 YEARS
S/O MOHANAN,
RESIDING AT USHA BHAVAN, MANNARA WARD,
THONNAKKAL VILLAGE, THIRUVANANTHAPURAM-695317.
CRL.MC NO. 4162 OF 2021
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3 MIDHUN
AGED 24 YEARS
S/O JAYAKUMAR,
RESIDING AT KARTHIKA, KAIRALI JUNCTION,
THRIKKUNNAPUZHA WARD, SOORANAD SOUTH VILLAGE,
KOLLAM DISTRICT-690522.
R2 & R3 BY ADV G.MAHESWARY
R1. SRI. RENJITH T.R., SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
CRL.MC NO. 4162 OF 2021
-3-
ORDER
Petitioners are accused Nos.2 and 6 in crime No.1389/2014 of
Cantonment Police Station, Thiruvananthapuram. On conclusion of
investigation, charge sheet has been laid against seven accused
before the Judicial First Class Magistrate Court-III,
Thiruvananthapuram, where the case is pending as
C.C.No.2777/2014. Now the petitioners' claim that they have settled
the dispute with respondent Nos.2 and 3, who are the injured, in
support of which Annexures III and IV affidavits have been filed. Thus
they pray for quashing the proceedings against them.
2. I heard learned counsel for the petitioners and the learned
Senior Public Prosecutor.
3. The offence alleged against the petitioners and others are
under Sections 143, 147, 148, 341, 323 and 324 read with Section
149 of the IPC. It appears that the petitioners and the injured were
friends and the incident had happened while they were prosecuting
their studies. The incident had happened near the University college
campus. Relying on Annexure V order, it has been pointed out that
case against the 5th accused stands quashed by this Court on the basis
of a similar settlement.
4. After hearing counsel on both sides and also going through
CRL.MC NO. 4162 OF 2021
the affidavits Annxures III and IV, it is patently clear that petitioners
have settled the dispute with respondent Nos.2 and 3, who are the
injured. Respondent Nos.2 and 3 do not want to pursue the
proceedings as against the petitioners. Thus all proceedings taken
against the petitioners pursuant to the final report in Crime
No.1389/2014 are hereby quashed and they will stand exonerated.
Criminal Miscellaneous case is allowed as above.
Sd/-
K.HARIPAL
JUDGE
hmh
CRL.MC NO. 4162 OF 2021
APPENDIX OF CRL.MC 4162/2021
PETITIONER ANNEXURE
Annexure -1 THE CERTIFIED COPY OF THE FIRST
INFORMATION REPORT IN CRIME
NO.1389/2014 DATED 27.11.2014.
Annexure -II THE CERTIFIED COPY OF FINAL REPORT
SUBMITTED IN CRIME NO.1389/2014 OF
CANTONMENT POLICE STATION, WHICH IS
PENDING AS C C NO. 2777/2014 OF
JUDICIAL FIRST CLASS MAGISTRATE III,
THIRUVANANTHAPURAM.
Annexure -III TRUE COPY OF THE AFFIDAVIT SWORN BY THE
2ND RESPONDENT BEFORE THE NOTARY PUBLIC
DATED 03.09.2021.
Annexure -IV TRUE COPY OF THE AFFIDAVIT SWORN BY THE
3RD RESPONDENT BEFORE THE NOTARY PUBLIC
DATED 03.09.2021.
Annexure -V TRUE COPY OF THE JUDGMENT IN CRL M.C.
NO. 1081 OF 2020 DATED 20.02.2020.
RESPONDENT ANNEXURE NIL
