Pradeep vs State Of Kerala
2024 Latest Caselaw 15712 Ker

Kerala High Court

Pradeep vs State Of Kerala on 6 June, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
    THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                CRL.MC NO. 1914 OF 2024
 CRIME NO.748/2016 OF THALAYOLAPARAMBU POLICE STATION,
                       KOTTAYAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1753 OF 2016
     OF JUDICIAL MAGISTRATE OF FIRST CLASS,VAIKOM
PETITIONER/ACCUSED:
    1    PRADEEP, AGED 55 YEARS
         S/O VAASU, KATTATHARA HOUSE, THALAYOLAPARAMBU
         P.O, THALAYOLAPARAMBU KARA, VADAYAR VILLAGE,
         VAIKOM TALUK, KOTTAYAM DISTRICT, PIN - 686
         605.
    2    REJEENA, AGED 51 YEARS
         W/O PRADEEP, KATTATHARA HOUSE,
         THALAYOLAPARAMBU P.O,
         THALAYOLAPARAMBU KARA, VADAYAR VILLAGE,
         VAIKOM TALUK, KOTTAYAM DISTRICT, PIN - 686
         605.
         BY ADV VIDHYA KISHAN
RESPONDENT/STATE/COMPLAINANT/DE FACTO COMPLAINANT :
    1    STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,.
         HIGH COURT OF KERALA, PIN - 682 031
    2    STATION HOUSE OFFICER OF THALAYOLAPARAMBU
         POLICE STATION
         VAIKOM TALUK, KOTTAYAM DISTRICT, PIN - 686
         605.
    3    RAJEEV, AGED 53 YEARS
         S/O MANI, OLITHADATHIL HOUSE,
         THALAYOLAPARAMBU P.O, THALAYOLAPARAMBU KARA,
         VADAYAR VILLAGE, VAIKOM TALUK,
         KOTTAYAM DISTRICT
         NOW RESIDES AT GEM RUBBER INDUSTRIES,
         MAMMODU P.O, CHANGANACHERRY,
         KOTTAYAM, PIN - 686 605.
         BY ADV JITHIN BOSE
         RENJITH T./R (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 06.06.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 CRL.MC 1914/2024

                                              2


                          BECHU KURIAN THOMAS, J
                     ......................................................
                              Crl.M.C.No.1914 of 2024
                      ...................................................
                     Dated this the 6th day of June, 2024


                                          ORDER

Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to

quash all proceedings against them.

2. Petitioners are accused Nos.1 and 2 in C.C.No.1753/2016 on the files

of the Judicial First Class Magistrate Court, Vaikom, arising out of

Crime No.748/2016 of Thalayolaparambu Police Station, registered for

the offences punishable under Sections 294(b) and 323 r/w Section 34

of the Indian Penal Code, 1860. The third respondent is the de facto

complainant.

3. According to the prosecution, accused had on 05.06.2016 assaulted the

de facto complainant, after abusing him and thereby committed the

offences alleged.

4. Though this petition has been filed to quash the proceedings, on the

basis of the settlement and an affidavit in support of the contention

has been produced, the learned Public Prosecutor, upon instructions,

submitted that the de facto complainant informed that he is not

willing to settle the complaint.

5. In view of the above submission, the relief sought for by the

petitioner cannot be granted. Accordingly this Crl.M.C.is dismissed

sd/-

BECHU KURIAN THOMAS JUDGE AMV/07/06/2024

PETITIONER ANNEXURES

ANNEXURE A1 CERTIFIED COPY OF FIRST INFORMATION REPORT IN CRIME NO. 748 OF 2016 OF THE THALAYOLAPARAMBU POLICE STATION, KOTTAYAM ALONG WITH THE STATEMENT OF THE 3RD RESPONDENT

ANNEXURE A2 CERTIFIED COPY OF THE CHARGE SHEET IN C.C. NO. 1753 OF 2016 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, VAIKOM, KOTTAYAM.

ANNEXURE A3 THE AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT DATED 24.11.2023.

TRUE COPY