Rajesh @ Muthu vs State Of Kerala
2022 Latest Caselaw 4528 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. 2181 OF 2022
        CRIME NO.817/2015 OF BALARAMAPURAM POLICE STATION,
                          THIRUVANANTHAPURAM
PETITIONER/ACCUSED 1 AND 2:

    1     RAJESH @ MUTHU, AGED 39 YEARS, S/O MOHANAN, RESIDING AT
          VARUVILAKATHU VEEDU, VANIGAR THERIVU, THALAYAL DESOM,
          BALARAMAPURAM, NEYYETTINKARA TALUK,
          THIRUVANANTHAPOURAM DISTRICT, PIN - 695501
    2     KRISHNAKUMAR, AGED 37 YEARS,
          VARUVILAKATHU VEEDU, VANIGAR THERIVU, THALAYAL DESOM,
          BALARAMAPURAM, NEYYETTINKARA TALUK,
          THIRUVANANTHAPOURAM DISTRICT, PIN - 695501
          BY ADVS.
          J.R.PREM NAVAZ
          SUMEEN S.
          ANSAR K.C.


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682031
    2     ISAKI MUTHU,
          AGED 40 YEARS, S/O NARAYANAMOORTHY, LEKSHAMVEEDU
          COLONY, VANIGAR THERIVU, THALAYAL DESOM, BALARAMAPURAM,
          NEYYETTINKARA TALUK,
          THIRUVANANTHAPURAM DISTRICT, PIN - 695501

          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.M.C.2181/22
                                           2



                                   O R D E R

The petitioners are the accused 1 and 2 in Crime

No.817/2015 of Balaramapuram Police Station,

Thiruvananthapuram and the offences alleged against

them are under Sections 323 and 325 r/w 34 of the

Indian Penal Code. The petitioners moved this Court

seeking to quash all further proceedings in Crime

No.817/2015 of Balaramapuram Police Station,

Thiruvananthapuram, pending on the files of Judicial

First Class Magistrate Court-III, Neyyattinkara as

C.C.No.296 of 2017.

2. The allegation is that due to the animosity

that the 2nd respondent/defacto complainant warned the

accused persons from torturing one Miss. Sindhu

residing near to the residence of the defacto

complainant, the accused persons 1 and 2 in frutherance

of their common intention on 28.07.2015 at 8 p.m. near

Vanigar Street Mutharamman Temple assaulted the de

facto complainant and voluntarily caused grievous hurt

and thereby committed the aforesaid offences. Crl.M.C.2181/22

3. Heard the learned counsel for the petitioners,

the learned Public Prosecutor as well as the learned

counsel for respondent No.2.

4. It is submitted by respective counsel that the

petitioners and the 2nd respondent have arrived at an

amicable settlement and Annexure A2 is the affidavit

filed. The affidavit, inter alia, states that all the

disputes are settled and that the pendency of criminal

proceedings would cause hardship to all the parties.

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 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 Crl.M.C.2181/22

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 A1 Final Report in

Crime No.817/2015 of Balaramapuram Police Station,

Thiruvananthapuram, pending on the files of Judicial

First Class Magistrate Court-III, Neyyattinkara as

C.C.No.296 of 2017 against the petitioners.

The Crl.MC is allowed as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE MSP Crl.M.C.2181/22

APPENDIX OF CRL.MC 2181/2022

PETITIONER ANNEXURES Annexure-A1 THE TRUE COPY OF THE FINAL REPORT/CHARGE SHEET IN CRIME NO: 817 OF 2015 OF BALARAMAPURAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT Annexure-A2 THE AFFIDAVIT, SOLEMNLY AFFIRMED BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT