Sreenukannan vs State Of Kerala
2022 Latest Caselaw 4527 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
           THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
     TUESDAY, THE 19TH DAY OF APRIL 2022 / 29TH CHAITHRA, 1944
                     CRL.MC NO. 1657 OF 2022
          CRIME NO.166/2017 OF KILIMANOOR POLICE STATION
PETITIONERS/ACCUSED PERSONS 1 TO 4:
     1     SREENUKANNAN, AGED 25 YEARS, S/O APPU, RESIDING AT ANU
           NIVAS, NEAR SKV UPS, PULLAYIL DESOM, KODUVAZHANNUR
           VILLAGE, CHIRAYINKIL TALUK, PIN - 695612
     2     SOORAJ, AGED 25 YEARS, S/O VASU, RESIDING AT NIRMALYAM
           VEEDU, PULLAYIL DESOM, KODUVAZHANNUR VILLAGE,
           CHIRAYINKIL TALUK, PIN - 695612
     3     ARUN, AGED 26 YEARS, S/O BABU, RESIDING AT THANAL
           VEEDU, KURUTHIN VILAKOM, PULIMATH VILLAGE, CHIRAYINKIL
           TALUK, THIRUVANANTHAPURAM DISTRICT, PIN - 695612
     4     SREEKANTH, AGED 21 YEARS, S/O VASU, RESIDING AT
           NIRMALYAM VEEDU, PULLAYIL DESOM, KODUVAZHANNUR VILLAGE,
           CHIRAYINKIL TALUK,
           THIRUVANANTHAPURAM DISTRICT, PIN - 695612
           BY ADVS.
           J.R.PREM NAVAZ
           SUMEEN S.
           ANSAR K.C.


RESPONDENTS/STATE:

    1     STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR
          HIGH COURT OF KERALA,
          ERNAKULAM, PIN - 682031
    2     SHANAVAS, AGED 46 YEARS, S/O SALAHUDEEN, RESIDING AT
          BAITHUL HAM, KODUVAZHANNOOR, P.O, CHIRAYINKEEZHU TALUK,
          THIRUVANANTHAPURAM DISTRICT, PIN - 695612
    3     ABDUL LATHEEF, AGED 45 YEARS, S/O ALIYARU KUNJU,
          RESIDING AT KANJIRAMVILA VEEDU, KAZHUTHALA VILLAGE,
          UMAYANALLOOR P.O, KOLLAM DISTRICT, PIN -691589
          BY ADV.
          AJOY VENU

          SRI.M.P.PRASANTH (PP)


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 1657 OF 2022
                                      2

                                   ORDER

The petitioners are the accused persons 1 to 4

in Crime No.166/2017 of Kilimanoor Police Station,

Thiruvananthapuram and the offences alleged against

the petitioners are under Sections 341, 324, 451,

506(ii), 34 of the Indian Penal Code and Section 27

of the Arms Act. The petitioners moved this Court

seeking to quash all further proceedings in crime

No.166 of 2017 of Kilimanoor Police Station,

Thiruvananthapuram District pending on the files of

the Court of Judicial First Class Magistrate Court-

III, Attingal as C.C.No.2724/2017.

2. The allegation is that the accused persons 1

to 4 in furtherance of their common intention on

27.01.2017 at 11 PM, wrongfully restrained the

defacto complainant while he was returning from the

house of his brother and started assaulting him

using dangerous weapons and when the defacto

complainant attempted to escape by running towards

his residence, the accused persons followed him and

assaulted him after trespassing into his residence CRL.MC NO. 1657 OF 2022

and when the 2nd accused attempted to interfere, he

was also assaulted 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 respondents 2 and 3.

4. It is submitted by respective counsel that

the petitioners and the respondents 2 and 3 have

arrived at an amicable settlement and Annexures A2

and A3 are the affidavist 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 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 CRL.MC NO. 1657 OF 2022

statement of the de facto 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 Annexrue A1

final report/charge sheet in crime No.166 of 2017 of

Kilimanoor Police Station, Thiruvananthapuram

District pending on the files of the Court of

Judicial First Class Magistrate Court-III, Attingal

as C.C.No.2724/2017 against these petitioners.

The Crl.MC is allowed as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE msp CRL.MC NO. 1657 OF 2022

APPENDIX OF CRL.MC 1657/2022

PETITIONER ANNEXURES Annexure-A1 THE ACCUSED COPY OF THE FINAL REPORT/CHARGE SHEET IN CRIME NO: 166 OF 2017 OF KILIMANOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT Annexure-A2 THE AFFIDAVIT, SOLEMNLY AFFIRMED BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT Annexure-A3 THE AFFIDAVIT, SOLEMNLY AFFIRMED BY THE 3RD RESPONDENT/INJURED