Kerala High Court
Anikumar vs State Of Kerala on 12 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 12TH DAY OF APRIL 2022 / 22ND CHAITHRA, 1944
CRL.MC NO. 2334 OF 2022
CRIME NO.1155/2017 OF Kollam East Police Station, Kollam
IN CC 1920/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM
PETITIONERS/ACCUSED 1 TO 16:
1 ANIKUMAR
AGED 46 YEARS
SMRITHI VEEDU,
THEKKEVILA CHERI, MUNDAKKAL VILLAGE,
KOLLAM DISTRICT, PIN - 691010
2 GURUPRASAD @ PRASAD
AGED 61 YEARS
GURUPRASAD MANDIRAM,
PULLIKKADA, CANTONMENT CHERI, KOLLAM EAST VILLAGE,
KOLLAM DISTRICT, PIN - 691001
3 ANIYAN KUNJU
AGED 55 YEARS
POCHAYIL VEEDU, UPASANA NAGAR-45,
CANTONMENT NORTH, AASRAMAM CHERI,
KOLLAM EAST VILLAGE, KOLLAM DISTRICT, PIN - 691001
4 SAFIYA BEEVI
AGED 69 YEARS
A.R. MANZIL. UPASANA NAGAR-75,
CANTONMENT NORTH CHERI, KOLLAM EAST VILLAGE,
KOLLAM DISTRICT, PIN - 691001
5 ANIRUDDH THAMBAN
AGED 47 YEARS
ASWATHI BHAVAN, CHINNAKKADA NAGAR-52,
CANTONMENT NORTH CHERI, KOLLAM EAST VILLAGE,
KOLLAM DISTRICT, PIN - 691001
6 SUKUMARAN NAIR
AGED 68 YEARS
USHAS, CANTONMENT NORTH CHERI,
KOLLAM EAST VILLAGE, KOLLAM DISTRICT, PIN - 691001
7 SHANTHAMMA
AGED 68 YEARS
VARAMBIL VEEDU, CANTONMENT NORTH CHERI,
KOLLAM EAST VILLAGE, KOLLAM DISTRICT, PIN - 691001
8 BEENA
AGED 45 YEARS
CANTONMENT NORTH CHERI,
KOLLAM EAST VILLAGE, KOLLAM DISTRICT,, PIN - 691001
9 LEENA
Crl.MC.No.2334 OF 2022
2
AGED 57 YEARS
KALA BHAVAN,
CANTONMENT NORTH CHERI, KOLLAM EAST VILLAGE,
KOLLAM DISTRICT,, PIN - 691001
10 SAJI
AGED 41 YEARS
VAADIYIL VEEDU,
CANTONMENT NORTH CHERI, KOLLAM EAST VILLAGE,
KOLLAM DISTRICT, PIN - 691001
11 LILLY
AGED 51 YEARS
MOOLAYIL PADINJATTATHIL VEEDU,
CANTONMENT NORTH CHERI, KOLLAM EAST VILLAGE,
KOLLAM DISTRICT., PIN - 691001
12 VALSALA
AGED 47 YEARS
VALSALA BHAVAN.
CANTONMENT NORTH CHERI, KOLLAM EAST VILLAGE,
KOLLAM DISTRICT, PIN - 691001
13 AMBILY
AGED 49 YEARS
DEVI NIVAS,
CANTONMENT CHERI, KOLLAM EAST VILLAGE,
KOLLAM DISTRICT, PIN - 691001
14 RADHIKA
AGED 49 YEARS
ALUMMOOTTIL HOUSE,
CANTONMENT NORTH CHERI, KOLLAM EAST VILLAGE,
KOLLAM DISTRICT, PIN - 691001
15 REENA SEBASTIAN
AGED 43 YEARS
CRA-208, NEAR S.M.P PALACE,
CANTONMENT NORTH CHERI, KOLLAM EAST VILLAGE,
KOLLAM DISTRICT, PIN - 691001
16 SUDHEENDRACHARYA
AGED 57 YEARS
GURUPRASAD MANDIRAM,
CANTONMENT NORTH CHERI, KOLLAM EAST VILLAGE,
KOLLAM DISTRICT, PIN - 691001
BY ADVS.
BINU GEORGE
HEMALATHA
RESPONDENTS-STATE/DEFACTO COMPLAINANT-VICTIM:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
Crl.MC.No.2334 OF 2022
3
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 SUKUMARAN,
AGED 61 YEARS
NADAR BUILDING, C.N NAGAR-6,
CANTONMENT NORTH CHERI, KOLLAM EAST VILLAGE,
KOLLAM DISTRICT, PIN - 691001
3 PRABHAKARAN NADAR
AGED 86 YEARS
NADAR BUILDING, C.N NAGAR-6,
CANTONMENT CHERI, KOLLAM EAST VILLAGE.
KOLLAM DISTRICT, PIN - 691001
BY ADVS.
ASWATHI C.
MINI K.
BY SMT. M.K. PUSHPALATHA, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.2334 OF 2022
4
ORDER
Dated this the 12th day of April, 2022
Petitioners are accused Nos.1 to 16 in crime
No.1155/2017 of Kollam East Police Station, Kollam, in
C.C. No.1920/2017 on the file of Judicial First Class
Magistrate Court-II, Kollam and the offences alleged
against the petitioners are under Sections 143, 144,
147, 294(b), 451, 506(ii), 347 and 384 r/w 149 of the
Indian Penal Code.
2. The allegation is that on 25.03.2017, at about
11.00 a.m., at Kollam East Village, the accused
persons formed themselves into an unlawful assembly
and criminally trespassed into Swami Oil Mills in
Cantonment North Cheri owned by defacto complainant
and his father and further alleged that the accused
raised life threat against the defacto complainant and
his father and scolded them by using filthy language
and thereby committed the aforesaid offences.
Crl.MC.No.2334 OF 2022
3. Heard the learned counsel for the petitioners,
the learned Public Prosecutor as well as the learned
counsel for respondents 2 and 3.
4. It is submitted by respective counsel that the
petitioners as well as respondents 2 and 3 have arrived
at an amicable settlement and Annexures A3 and A4
are respectively the affidavits filed. The affidavits, inter
alia, state that all the disputes are settled and that the
pendency of criminal proceeding would cause hardship
to all the parties.
5. From the submission across the Bar and
perusing the criminal M.C. and the affidavits referred
above, I am satisfied that there has been an amicable
settlement and that there is no vitiating circumstances
in the respondents 2 and 3 filing the affidavits. No
purpose will be served by continuing the proceedings
in the above circumstances. It is submitted by the
learned Public Prosecutor that the statement of the
defacto complainant has also been taken to verify the
genuineness of the settlement.
Crl.MC.No.2334 OF 2022
6. In view of the judgment of the Hon'ble
Supreme Court in Gian Singh v. State of Punjab
and another [2012 (10) SCC 303] and considering
the facts and circumstances of the case and in
exercise of power of this Court under Section 482 of
the Code of Criminal Procedure, I hereby quash
Annexures A1 and A2 FIR and Final Report
respectively in Crime No.1155/2017 as well as all
further proceedings in C.C.No.1920 of 2017 on the
files of the Judicial First Class Magistrate Court-II,
Kollam against these petitioners. The Crl.MC is
allowed as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
SSK/12/04
Crl.MC.No.2334 OF 2022
APPENDIX
PETITIONER'S:
AnnexureA1 CERTIFIED COPY OF THE FIR IN CRIME NO.
1155/2017 OF KOLLAM EAST POLICE STATION
AnnexureA2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO. 1155/2017 OF KOLLAM EAST POLICE STATION
AnnexureA3 AFFIDAVIT DATED 28.03.2022 SWORN BY 2ND
RESPONDENT
AnnexureA4 AFFIDAVIT DATED 28.03.2022 SWORN BY 3RD
RESPONDENT
RESPONDENT'S EXHIBITS:NIL
SSK //TRUE COPY// PA TO JUDGE
