Jishnu P. Nair vs State Of Kerala
2021 Latest Caselaw 20150 Ker

                           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                              PRESENT
                              THE HONOURABLE MR. JUSTICE K.HARIPAL
                      FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
                                       CRL.MC NO. 4122 OF 2021
                      (CRIME NO. 1740 OF 2020 OF VENJARAMOOD POLICE STATION)
     AGAINST THE ORDER/JUDGMENT IN CC 1217/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,
                                NEDUMANGAD, THIRUVANANTHAPURAM
PETITIONERS/SACCUSED NO. 1 TO 6:


       1       JISHNU P. NAIR
               AGED 27 YEARS
               S/O PANKAJKSHAN NAIR, ERAVIKARIKKATHU VEEDU, NELLAAD DESOM, PULLAMPARA
               VILLAGE, THIRUVANANTHAPURAM, PIN-695607.


       2       SAJI
               AGED 44 YEARS
               S/O SAHADEVAN, CHINTHA BHAVAN, NELLANAD DESOM, NELLANAD VILLAGE,
               TRIVANDRUM DISRTICT, PIN-695606.


       3       MANEESH
               AGED 26 YEARS
               S/O MAHENDRAN, B.S BHAVAN, NEAR GURU MANDHIRAM, PANNAPLAVIKONAM,
               PULLAMBHARA VILLAGE, TRIVANDRUM-695607.


       4       MAHESH
               AGED 28 YEARS
               COLONY VEEDU, PANDAPLAVIKONAM, PANTHAPLAVIKONAM DESOM, NELLANAD
               VILLAGE, THIRUVANANTHAPURAM, PIN-695606.


       5       SUJITH
               AGED 28 YEARS
               S/O SUNILKUMAR, PUTHENVEEDU, PUTHUVAL, NAGARUKUZHU, PAALAMKONAM,
               PULLAMBARA VILLAGE, THIRUVANANTHAPURAM, PIN-695607.


       6       AMJATH
               AGED 24 YEARS
               S/O ABDUL VAAHID, RODARIKATHUKADAYIL VEEDU , ANJAAMKALLU, MAANIKKAL
               DESOM,
               PULLAMBARA VILLAGE, THIRUVANANTHAPURAM, PIN-695607.


               BY ADV VIDYA G NAIR
 Crl.M.C.No.4122 of 2021
                                            2

RESPONDENTS/STATE & DEFACTO COMPLAINANT:


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


      2       SASIDHARAN NAIR @ NELLANAD SASI
              AGED 63 YEARS
              S/O GOVINDA KURUPPU, THEMBAMKUZHI VEEDU, NELLANAD, NELLANAD DESOM,
              NELLANAD VILLAGE,VENJARAMOODU, TRIVANDRUM-695562.


      3       VISHNUPRASAD
              AGED 29 YEARS
              S/O CHANDRAN UNNITHAN,
              CHANDRODAYAM VEEDU, MUKKUNOOR, MUKKUNOOR DESOM, NELLANAD VILLAGE,
              VENJARAMOODU, TRIVANDRUM-695562.


      4       KIRANLAL
              AGED 23 YEARS
              S/O SURESHKUMAR,
              LALU BHAVAN, NEAR GOVERNMENT L.P.S.,
              NELLANAD, NELLANAD DESOM,
              NELLANAD VILLAGE, VENJRAMOODU, TRIVANDRUM-695562.


      5       VIPINDEV
              AGED 23 YEARS
              S/O VASUDEVAN,
              PARAYARUKONATHU VEEDU,
              NEAR BHOOTHAMADAKKI, PANTHAPLAVIKONAM, NELLANAD DESOM, NELLANAD
              VILLAGE, VENJARAMOODU, TRIVANDRUM-695562.


      6       SIVAPRASAD
              AGED 34 YEARS
              S/O SUNDARESAN NAIR,
              THOPPUVILA VEEDU, NEAR VELLANIKARA TEMPLE, PANTHAPLAVIKONAM, NELLANAD
              DESOM,
              NELLANAD VILLAGE, VENJRAMOODU, TRIVANDRM-695562.


              BY ADV M.R.SARIN



              SR.PP - SRI. NOUSHAD




      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.09.2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 Crl.M.C.No.4122 of 2021
                                     3

                                  ORDER

Petitioners are the accused in Crime No.1740 of 2020 of

Venjaramoodu police station which was registered on 14.06.2020

alleging offence punishable under Sections 143, 147, 148, 341, 294(b),

323, 324, 326, 427 read with Section 149 of the IPC.

2. The crime was registered on the strength of the First

Information Statement given by one Sasidharan Nair, who is the 2 nd

respondent. It is alleged that while himself and others where travelling

in a car the accused persons formed an unlawful assembly and in

prosecution of their common object waylaid and assaulted and injured

them using stone and caused grievous hurt to one Vipindev; damage

was caused to the car also. On conclusion of investigation charge sheet

has been laid before the Judicial First Class Magistrate Court-I,

Nedumangadu where the case is pending as C.C.No. 1217 of 2021.

Now the petitioners have moved this Court under Section 482 of the

Cr.P.C. for quashing the proceedings on the ground of settlement

between the parties.

3. I heard the learned counsel for the petitioners as well as the

respondents 2 to 4, party injured and also the learned Senior Public

Prosecutor.

Crl.M.C.No.4122 of 2021

4. All have confirmed that the matter is settled. They have also

relied on Annexure A3 to A7 affidavits respectively of respondents 2 to

6 which also confirm that the matter is settled between the parties. In

view of the settlement further proceedings can be quashed. Even though

one of the injured has suffered grievous hurt, entire proceedings can be

quashed. Moreover no public interest is hampered in the light of the

settlement. Thus all proceedings in C.C. NO. 1217 of 2021 pending

before the Judicial First Class Magistrate Court-I, Nedumangadu are

here by quashed.

The Criminal Miscellaneous Case is allowed as above.

Sd/-

K.HARIPAL JUDGE RMV/24/09/2021 Crl.M.C.No.4122 of 2021

APPENDIX OF CRL.MC 4122/2021

PETITIONER ANNEXURE

Annexure AI THE CERTIFIED COPY OF F.I.R. IN CRIME NO.1740/2020 OF VENJARAMOODU POLICE STATION.

Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT IN CC NO.1217/2021 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT- 1, NEDUMANGADU.

Annexure A3 AFFIDAVIT SWORN BY THE 2ND RESPONDENT.

Annexure A4 AFFIDAVIT SWORN BY THE 3RD RESPONDENT

Annexure A5 AFFIDAVIT SWORN BY THE 4TH RESPONDENT.

Annexure A6 AFFIDAVIT SWORN BY THE 5TH RESPONDENT.

Annexure A7 AFFIDAVIT SWORN BY THE 6TH RESPONDENT.