Kerala High Court
Sakhilesh vs State Of Kerala on 17 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943
CRL.MC NO. 349 OF 2022
AGAINST THE ORDER/JUDGMENT IN SC 27/2020 OF III ADDITIONAL SUB COURT, KOZHIKODE
PETITIONER/ACCUSED:
SAKHILESH
AGED 35 YEARS
S/O LAKSHMANAN, NALUKANDI PARAMBA, ARAKKINAR P O, AMSOM DESOM,
MARADU, KOZHIKODE-670563.
BY ADV M.VIVEK RABINDRANATH
RESPONDENTS/STATE, DE FACTO COMPLAINANT & AFFECTED PERSON:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT
ERNAKULAM THROUGH S H O, KASABA POLICE STATION, KOZHIKODE-673004.
2 RIYAZ P K
AGED 51 YEARS
AKIL HOUSE, 10TH MILE, KUNNAMANGALAM P O, KOZHIKODE TALUK,
KOZHIKODE-673571.
3 ABDUL SALAM V K
AGED 38 YEARS
S/O ALI VATTAKANDIYIL HOUSE, PANDARAPARAMBA, PAYIMBRA P O,
KOZHIKODE-673571.
BY ADV V.T.MADHAVANUNNI
OTHER PRESENT:
SR.PP - SRI. HRITHWIK C.S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.03.2022, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
Crl. M. C. NO. 349 OF 2022
2
ORDER
The sole accused in S.C. No. 27 of 2020 on the file of the
Assistant Sessions Court-III, Kozhikode has moved this Court
under Section 482 of the Cr.P.C. seeking to quash the
proceedings on the ground of settlement reached with
respondents 2 and 3 who are the de facto complainant and the
victim of the incident.
2. That crime was registered on 17.11.2018 alleging
offence punishable under Sections 143, 147, 148, 427, 308 read
with Section 149 of the IPC on the basis of the First
Information Statement furnished by the 2nd respondent. It is
alleged that, that day, the Hindu Aikya Vedi had called a hartal;
when the 2nd respondent was found driving a lorry bearing
registration No. KL-65-F-5859 due to the reason that he had
driven the vehicle on the hartal day miscreants consisting the
petitioner hurled stones at the vehicle and caused its front
Crl. M. C. NO. 349 OF 2022
glasses to be broken and thus committed mischief. They also
hurled stones at the 3rd respondent, CW4 in the charge sheet
aiming at his head; as he had evaded the attack he did not
sustain injuries. If the stone had hit his head that would have
turned fatal and thus attempt to commit culpable homicide not
amounting to murder is alleged. Thus the offences alleged are
under Sections 143, 147, 148, 427, 308 read with Section 149
of the IPC. Other accused persons who had formed the
unlawful assembly have not yet been identified.
3. The learned Senior Public Prosecutor submitted that
the matter is settled. Similarly, the learned counsel for
respondents 2 and 3 has also confirmed that the matter is
settled. Annexure A4 and A5 affidavits of the party respondents
clearly suggest that the matter is settled and they do not want to
pursue the proceedings.
4. In the circumstances, there is no meaning in continuing
the proceedings. Respondents 2 and 3 did not suffer any
Crl. M. C. NO. 349 OF 2022
injuries in the occurrence. They have condoned the acts of the
petitioner. Therefore, entire proceedings in S.C. No. 27 of 2020
on the file of the Assistant Sessions Court-III, Kozhikode are
quashed and the petitioner shall stand exonerated.
The Criminal Miscellaneous Case is allowed as above.
Sd/-
K. HARIPAL
JUDGE
RMV/17/03/2022
APPENDIX OF CRL.MC 349/2022
PETITIONER ANNEXURES
Annexure A1 A CERTIFIED COPY OF THE FILE IN CRIME NO.621/2018 OF
KASABA POLICE STATION, KOZHIKODE.
Annexure A2 TRUE COPY OF THE MEMO OF EVIDENCE IN CRIME NO.621/2018
OF KASABA POLICE STATION, KOZHIKODE.
Annexure A3 A CERTIFIED COPY OF THE FINAL REPORT IN C P NO.23/2019,
LATER NUMBERED AS SC 27/2020 ON THE FILE OF THE
ASSISTANT SESSIONS COURT-III A, KOZHIKODE.
Annexure A4 AFFIDAVIT OF RESPONDENT NO.2 DATED 11.01.2022.
Annexure A5 AFFIDAVIT OF RESPONDENT NO.3 DATED 11.01.2022.
TRUE COPY
P.A.TO JUDGE
