Kerala High Court
Arun @ Unni vs State Of Kerala on 5 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
CRL.MC NO. 10080 OF 2023
CRIME NO.1189/2019 OF AIROOR POLICE STATION,
THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.303 OF 2020 OF
JUDICIAL MAGISTRATE OF FIRST CLASS-I,VARKALA
PETITIONERS/ACCUSED:
1 ARUN @ UNNI, AGED 37 YEARS
S/O MOHAN KUMAR, PUSHPAGIRI HOUSE, NEAR SREE RAMA
SWAMI TEMPLE, VELINELOOR, KALLUVATHIKKAL, KOLLAM
DISTRICT, PIN - 691574.
2 AKSHY SUNDHAR @ AKSHAY, AGED 26 YEARS
S/O SUNDHARAN, AKSHAY BHAVAN, NEAR SREE RAMA SWAMI
TEMPLE, VELINELOOR, KALLUVATHIKKAL, KOLLAM
DISTRICT, PIN - 691574
BY ADV LATHEESH SEBASTIAN
RESPONDENTS/STATE & INJURED:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031.
2 STATION HOUSE OFFICER
AYIROOR POLICE STATION,
THIRUVANANTHAPURAM, PIN - 689611.
3 GEEJA ASHOKAN, AGED 45 YEARS,
W/O ASHOKHAN, KARTHIKA, ELAKAMON P.O, AYIROOR
VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM, PIN -
695310
4 AKHIL @ KANNAN, AGED 24 YEARS
S/O ASHOK KUMAR, KARTHIKA, ELAKAMON P.O, AYIROOR
VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM, PIN -
695310.
5 ARCHA, AGED 28 YEARS
D/O GEEJA, KARTHIKA, ELAKAMON P.O, AYIROOR VILLAGE,
VARKALA TALUK, THIRUVANANTHAPURAM, PIN - 695310.
CRL.MC No.10080 0f 2023 2
6 KAMALA, AGED 81 YEARS
D/O BHARATHI, KARTHIKA, ELAKAMON P.O, AYIROOR
VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM, PIN
- 695310.
BY ADV NEETHU S.
SENIOR PUBLIC PROSECUTOR SRI RENJIT GEORGE
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD
ON 22.05.2024, THE COURT ON 05.06.2024 PASSED THE
FOLLOWING:
CRL.MC No.10080 0f 2023 3
A. BADHARUDEEN, J.
================================
Crl.M.C No.10080 of 2023-H
================================
Dated this the 5th day of June, 2024
ORDER
This criminal miscellaneous case has been filed under
Section 482 of the Code of Criminal Procedure, 1973, to quash
Annexure 1 Final Report and all further proceedings in
C.C.No.303/2020 on the files of the Judicial First Class
Magistrate Court-I, Varkala, arose out of Crime No.1189/2019
of Ayiroor Police Station, Thiruvananthapuram.
2. Heard the learned counsel for the petitioners, the
learned counsel for the defacto complainants and the learned
Public Prosecutor.
3. In this matter, prosecution alleges commission of
offence punishable under Sections 323, 354, 451, 506(1) and 34
of the Indian Penal Code.
4. It is submitted that the matter has been amicably
settled and the aggrieved persons filed separate affidavits in this
regard. They stated in the affidavits that they have no intention
to proceed further in this matter.
5. The learned Public Prosecutor also submitted that
the matter has been settled between the parties and the
statements of CW1 to CW3 to that effect have been recorded,
though the statement of CW4, another aggrieved person, could
not be recorded, since she died on 19.10.2023.
6. Since the matter has been amicably settled between
the parties, there is no reason to disallow the prayer for
quashment so as to retain them in hazards of litigation.
Therefore, in the interest of justice, I am inclined to allow this
petition.
In the result, this Criminal Miscellaneous Case stands
allowed. Annexure A1 Final Report and all further proceedings
in C.C.No303/2020 on the files of the Judicial First Class
Magistrate Court-I, Varkala, arose out of Crime No.1189/2019
of Ayiroor Police Station, Thiruvananthapuram, stand quashed.
Sd/-
(A. BADHARUDEEN, JUDGE)
rtr/
APPENDIX OF CRL.MC 10080/2023
PETITIONERS' ANNEXURES
Annexure 1 TRUE COPY OF THE FINAL REPORT OF THE
2ND RESPONDENT IN CRIME NO 1189/2019
OF AYIROOR POLICE STATION,
THIRUVANANTHAPURAM DISTRICT.
Annexure 2 ORIGINAL OF THE AFFIDAVIT EXECUTED BY
THE 3RD RESPONDENT
Annexure 3 ORIGINAL OF THE AFFIDAVIT EXECUTED BY
THE 4TH RESPONDENT
Annexure 4 ORIGINAL OF THE AFFIDAVIT EXECUTED BY
THE 5TH RESPONDENT
Annexure 5 ORIGINAL OF THE AFFIDAVIT EXECUTED BY
THE 6TH RESPONDENT
