Sourav vs State Of Kerala
2022 Latest Caselaw 4842 Ker

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                       THE HONOURABLE MR.JUSTICE BASANT BALAJI

            FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944

                                CRL.MC NO. 414 OF 2022

AGAINST THE ORDER/JUDGMENT IN CC 921/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS

                                     -II,ATTINGAL

PETITIONER/S:

     1          SOURAV
                AGED 41 YEARS
                S/O. JAGANADHAN, KUNNATHU VEEDU, CHANGAYILKONAM, MADAVOOR VILLAGE,
                THIRUVANANTHAPURAM DISTRICT - 695602.
     2          SREEJESH
                AGED 29 YEARS
                S/O. THULASEEDHARAN PILLAI, KONATH PUTHEN VEEDU, CHANGAYILKONAM,
                MADAVOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT - 695602.
     3          JAYACHANDRAN
                AGED 33 YEARS
                S/O. SADANANDAN, CHARUVILA PUTHEN VEETTIL, CHANGAYILKONAM,
                MADAVOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT - 695602.
     4          RAJESH
                AGED 33 YEARS
                S/O. SHANMUGHAN, RADHABHAVAN, CHANGAYILKONAM, MADAVOOR VILLAGE,
                THIRUVANANTHAPURAM DISTRICT - 695602.
     5          SURESH,
                AGED 46 YEARS
                S/O. SHANMUGHAN, RADHABHAVAN, CHANGAYILKONAM, MADAVOOR VILLAGE,
                THIRUVANANTHAPURAM DISTRICT - 695602.
                BY ADVS.
                K.SIJU
                ANJANA KANNATH
                T.S.SREEKUTTY


RESPONDENT/S:

     1          STATE OF KERALA
                REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
                ERNAKULAM - 682031.
     2          THE STATION HOUSE OFFICER
                PALLICKAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT - 670702.
     3          NIJAF
                AGED 33 YEARS
                S/O. NUJUMUDEEN, CHARUVILA PUTHEN VEEDU, PULIYOORKONAM, MADAVOOR
                VILLAGE, THIRUVANANTHAPURAM DISTRICT - 695602.
     4          ANWAR
                AGED 31 YEARS
                KOOVAKUZHI KUNNIL VEEDU, PULIYOORKONAM, MADAVOOR VILLAGE,
                THIRUVANANTHAPURAM DISTRICT - 695602.
                BY ADV A.MUHAMMED RAFFI


OTHER PRESENT:
 Crl.M.C No. 414 of 2022
                                         2




                SRI. NOUSHAD K.A-SR.PP



        THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29.04.2022,

THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C No. 414 of 2022
                                      3




                                 ORDER

The petitioners are accused in Crime No.320/2015 of

Pallickal Police station registered offences punishable under

sections 143, 147, 341, 323, 294(b) r/w 149 of IPC.

2. Heard.

3. It has been submitted by the learned counsel for the

parties and the learned Public Prosecutor that the matter has been

settled between the parties. The respondents 3 and 4, who are de-

facto complainants, filed affidavit stating that the matter has been

settled between the parties and hence, they have no further

grievance against the petitioners. Since the matter has been

settled between the parties, quashing the said offence would

secure the ends of justice. For the said reason, I am inclined to

quash FIR and final report in Crime No.320/2015 of Pallickal Police

station and all further proceedings in C.C.No.921/2015 of Judicial

First Class Magistrate Court-II, Attingal, Thiruvananthapuram, in Crl.M.C No. 414 of 2022

exercise of the inherent power under Section 482 Cr.P.C., to meet

the ends of justice and accordingly, I order so.

In the result, this Crl.M.C. stands allowed.

Sd/-

BASANT BALAJI, JUDGE rps/ Crl.M.C No. 414 of 2022

APPENDIX OF CRL.MC 414/2022

PETITIONER ANNEXURES Annexure 1 THE CERTIFIED COPY OF FIR WITH FIS IN CRIME NO. 320/2015 OF PALLICKAL POLICE STATION DATED 17.04.2015.

Annexure 2 THE CERTIFIED COPY OF FINAL REPORT IN CRIME NO. 320/2015 OF PALLICKAL POLICE STATION DATED 21.04.2015.

Annexure 3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 15.01.2022.

Annexure 4 THE AFFIDAVIT SWORN BY THE 4TH RESPONDENT DATED 15.01.2022 COMPROMISE DATED 25.09.2021.