Aromel vs State Of Kerala
2021 Latest Caselaw 19648 Ker

                    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. 3640 OF 2021
               (CRIME NO. 154 OF 2018 OF KOLLAM WEST POLICE STATION)
AGAINST THE ORDER/JUDGMENT IN CC 397/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS - III
                   (TEMPORARY SPECIAL COURT),KOLLAM, KOLLAM


PETITIONERS/ACCUSED:


      1      AROMEL
             AGED 27 YEARS
             S/O JAYAKUMAR,
             RESIDING AT ARATHIL PURAYIDAM, KUTTECHI VEETIL,
             KAIKULANGARA CHERRY,
             KANGATHU NAGAR,
             KOLLAM WEST VILLAGE,
             KOLLAM-691013.

      2      MUHAMMED ALEEM
             AGED 26 YEARS
             S/O ABDUL AZEEZ, RESIDING AT ATTOOR VEEDU,
             PCNRA-73, PUNNATHALA CHERRY,
             KOLLAM WEST VILLAGE, KOLLAM-691013.

      3      SACHIN
             AGED 24 YEARS
             S/O SURESH,
             RESIDING AT CHENANIL VEEDU,
             PCNRA-57, PUNNATHALA CHERRY,
             KOLLAM WEST VILLAGE, KOLLAM-691013.

      4      AMAL [email protected]
             AGED 22 YEARS
             S/O GOPAKUMAR,
             RESIDING AT GANESHA KRIPA VEEDU,
             ADHITHYA NAGAR-151, KANNIMELCHERRY,
             SAKTHIKULANGARA VILLAGE, KOLLAM-691012.

             BY ADV S.SREEKUMAR (KOLLAM)
 Crl.M.C.No.3640 of 2021
                                         2

RESPONDENTS/STATE & DEFACTO COMPLAINANT:


     1       STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT
             ERNAKULAM-682031.

     2       STATION HOUSE OFFICER
             KOLLAM WEST POLICE STATION, KOLLAM DISTRICT-691013.

     3       SOURAV
             AGED 20 YEARS
             S/O PRATHAPAN,
             BINDU NIVAS, TRA 189,
             THEVALLY P.O, KOLLAM WEST VILLAGE,
             KOLLAM-691009.

             BY ADV M.SREERANGA NADHAN



             SR.PP - SRI. RENJITH T.R.




      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.09.2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.M.C.No.3640 of 2021
                                      3

                                    ORDER

This petition is filed under Section 482 of the Cr.P.C seeking to

quash the entire proceedings in Annexure-A1 FIR in Crime No.154 of

2018 of Kollam West Police Station, which was registered on

09.02.2018 alleging offence punishable under Sections 341, 323, 324

read with Section 34 of IPC., on the strength of the First Information

Statement given by Sourav, the 3 rd respondent, who is the main injured

in the occurrence.

2. Petitioners, four in number are the accused in the crime. The

alleged incident had happened on 07.02.2018 at 8.30 pm; it is alleged

that the accused persons in furtherance of their common intentions had

attacked and injured the 3rd respondent and his friends with a stick. On

conclusion of investigation charge sheet has been laid before the

Judicial First Class Magistrate Court-III, Kollam where the case is

pending as CC No.397 of 2018.

3. Petitioners have moved this court for quashing the entire

proceedings on the ground that the dispute stands settled with the

defacto complainant and other injured persons. In support of the

contention they have produced the affidavits of the 3 rd respondent as

well as the CWs 6 to 8 in the final report.

Crl.M.C.No.3640 of 2021

4. I have gone through the affidavits filed by the 3 rd respondent

and the other three injured persons namely Sourav, Aromal and

Rahul G Kumar. The learned the counsel for the petitioners and

also the learned Senior Public Prosecutor were heard.

5. It is eminently clear that the matter stands settled between

the parties. The offence alleged are minor in nature. There are

reasons to think that it was a personal dispute between the parties

and by settling the same out of Court, no public interest is

hampered. Therefore, entire proceedings in CC No.397 of 2018

shall stand quashed and the petitioners shall stand exonerated.

The Criminal Miscellaneous Case is allowed as above.

Sd/-

K.HARIPAL JUDGE RMV/17/09/2021 Crl.M.C.No.3640 of 2021

APPENDIX OF CRL.MC 3640/2021

PETITIONER ANNEXURE

Annexure A1 THE TRUE COPY OF THE FIR NO.154 OF 2018 OF KOLLAM WEST POLICE STATION, DATED 09.02.2018.

Annexure A2 THE TRUE COPY OF THE FINAL REPORT (CHARGE) IN C.C.NO.397/2018 OF THE JFMC-III(TEMPORARY) KOLLAM.

Annexure A3 A TRUE COPY OF THE AFFIDAVIT DATED 09.08.2021 SWORN BY THE 3RD RESPONDENT (DE-FACTO COMPLAINANT) BEFORE THIS HON'BLE COURT.

Annexure A5 A TRUE COPY OF THE AFFIDAVIT DATED 14.09.2021 SWORN BY THE INJURED MR.ASHIK IN C.C. NO.397/2018 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III (TEMPORARY), KOLLAM BEFORE THIS HON'BLE COURT.

Annexure A6 A TRUE COPY OF THE AFFIDAVIT DATED 14.09.2021 SWORN BY THE INJURED MR.MOHAMED THANFEES IN C.C.NO.397/2018 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT -III (TEMPORARY), KOLLAM BEFORE THIS HON'BLE COURT.