1. Ratheesh vs 1. State Of Kerala
2022 Latest Caselaw 4442 Ker

             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. 1330 OF 2022
 F.I.R NO.1069/2014 OF Thiruvalla Police Station, Pathanamthitta
PETITIONERS/ACCUSED:

    1     RATHEESH
          AGED 33 YEARS
          S/O RAJMOHAN
          VAZHAPARAMBIL, CHUMATHRA P.O,
          THIRUVALLA, PATHANAMTHITTA DISTRICT,
          PIN - 689103
    2     MADHU VAZHAPARAMBIL PAPPAN @ MANOJ
          AGED 44 YEARS
          S/O PAPPAN, VAZHAPARAMBIL, CHUMATHRA P.O,
          THIRUVALLA, PATHANAMTHITTA DISTRICT,
          PIN - 689103
          BY ADV T.P.PRADEEP


RESPONDENTS/STATE & DEFACTO COMPLAINANT:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682031
    2     TIBIN VARGHESE @ VIPIN VARGHESE
          AGED 26 YEARS
          S/O VARGHESE, KOODATHINKAL HOUSE, KUTTAPUZHA VILLAGE,
          CHUMATHRA P.O, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN
          - 689103
          BY ADVS.
          UNNI. K K(EZHUMATTOOR)
          R.K.PRASANTH
          P.K.SATHEES KUMAR
          MINIKUMARY M.V.
          BY SMT. 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.1330 OF 2022

                                     2



                               ORDER

Dated this the 12th day of April, 2022

Petitioners are the accused in FIR

No.1069/2014 at Thiruvalla Police Sation, Pathanamthitta

and the offences alleged against the petitioners are

under Sections 308 r/w 34 of the Indian Penal Code.

2. The allegation is that on 28.05.2014, when the

defacto complainant tried to take away his friend, he was

attacked by the accused persons with a sword stick and

sustained an injury on the back side of his head and

thereby committed the aforesaid offences.

3. Heard the learned counsel for the petitioners, the

learned Public Prosecutor as well as the learned counsel

for the second respondent.

4. It is submitted by respective counsel that the

petitioners and the second respondent have arrived at

anamicable settlement and Annexure B is the affidavit

filed. The affidavit, inter alia, state that all the disputes

are settled and that the pendency of criminal proceeding

would cause hardship to all the parties. Crl.MC.No.1330 OF 2022

5. From the submission across the Bar and perusing

the criminal M.C. and the affidavit referred above, I am

satisfied that there has been an amicable settlement and

that there is no vitiating circumstances in the respondent

filing the affidavit. 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.

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 Annexure A FIR of Thiruvalla

Police Sation, Pathanamthitta against these petitioners.

The Crl.MC is allowed as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE SSK/12/04 Crl.MC.No.1330 OF 2022

APPENDIX PETITIONER'S:

Annexure A A CERTIFIED COPY OF THE FIR NO. 1069/2014 REGISTERED AT THIRUVALLA POLICE STATION, PATHANAMTHITTA DATED 29/05/2014 Annexure B A TRUE COPY OF THE AFFIDAVIT OF THE 2ND RESPONDENT/DEFACTO COMPLAINANT DATED 21/02/2022 Annexure C A TRUE COPY OF THE OBJECTION LETTER ISSUED BY THE REGIONAL PASSPORT OFFICE, TRIVANDRUM, DATED 04/02/2022

RESPONDENT'S EXHIBITS:NIL

SSK //TRUE COPY// PA TO JUDGE