Kerala High Court
Rahul Bhasi vs The State Of Kerala on 10 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
MONDAY, THE 10TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946
CRL.MC NO. 3797 OF 2024
CRIME NO.1511/2023 OF ERAVIPURAM POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1962 OF 2023 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II, KOLLAM
PETITIONER/SOLE ACCUSED:
RAHUL BHASI
AGED 34 YEARS
S/O.BHASI,ACHUTHAM, SNEHA NAGAR - 229,
AYATHIL P.O, VAKADDEVILA VILLAGE,
KOLLAM DISTRICT, PIN - 691021
BY ADVS.
R.RAJESH (VARKALA)
MANU RAMACHANDRAN
T.S.SARATH
SAMEER M NAIR
SAILAKSHMI MENON
JOTHISHA K.A.
AASHI K. SHAJAN
RESPONDENTS/STATE, IO, DEFACTO COMPLAINANT:
1 THE STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERANKULAM,
PIN - 682031
2 THE STATION HOUSE OFFICER,
ERAVIPURAM POLICE STATION,
KOLLAM DISTRICT, PIN - 691011
3 LEKSHMI BHASI
AGED 36 YEARS
W/O.ANOOJ S, PUTHUMANAKKAL VEEDU,
ULIYAKKOVIL CHERRY, KOLLAM CITY,
NOW RESIDING AT ACHUTHAM,
SNEHA NAGAR-229, AYATHIL P.O,
VADAKKEVILA VILLAGE, KOLLAM DISTRICT,
PIN - 691021
CRL.MC NO. 3797 OF 2024
2
4 BHASI
AGED 69 YEARS
S/O. SOMAN, ACHUTHAM, SNEHA NAGAR-229,
AYATHIL P.O, VADAKKELVILA VILLAGE,
KOLLAM DISTRICT, PIN - 691021
SRI.M.P.PRASANTH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 10.06.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
CRL.MC NO. 3797 OF 2024
3
ORDER
Dated this the 10th day of June, 2024
This Criminal Miscellaneous Case has been filed under
Section 482 of the Code of Criminal Procedure, 1973, to quash
Annexure-A1 FIR, Annexure-A2 Final Report and all further
proceedings in C.C.No.1962/2023 on the files of the Judicial
First Class Magistrate Court-II, Kollam, arose out of Crime
No.1511/2023 of Eravipuram Police Station, Kollam. The
petitioner herein is the sole accused in the above case.
2. Heard the learned counsel for the petitioner and the
learned Public Prosecutor.
3. In this matter, offences punishable under Sections
294(b), 323, 427, 451 and 506 IPC are alleged to have been
committed by the accused.
4. It is submitted that the matter has been amicably
settled and the 3rd respondent/de facto complainant and the
injured filed separate affidavits in this regard. In the affidavits, it
is stated that they have no grievance in the matter of quashing
the proceedings against the petitioner.
CRL.MC NO. 3797 OF 2024
5. The learned Public Prosecutor also submitted that
the matter has been settled between the parties and
statements of the de facto complainant and the other injured to
that effect have been recorded.
6. Since the dispute has been settled in between the
parties, there is no reason to disallow the prayer for
quashment, so as to facilitate peaceful living of the parties
hereinafter. Therefore, in the interest of justice, I am inclined to
allow this petition.
In the result, this petition stands allowed and Annexure-
A1 FIR, Annexure-A2 Final Report and all further proceedings
in C.C.No.1962/2023 on the files of the Judicial First Class
Magistrate Court-II, Kollam, arose out of Crime No.1511/2023
of Eravipuram Police Station, Kollam, against the petitioner
stand quashed.
Sd/-
A. BADHARUDEEN
JUDGE
nkr
CRL.MC NO. 3797 OF 2024
PETITIONER ANNEXURES
ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN
CRIME NO.1511/2023 OF ERAVIPURAM
POLICE STATION, KOLLAM DISTRICT DATED
23.08.2023
ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL
REPORT IN CRIME NO.1511/2023 OF THE
ERAVIPURAM POLICE STATION, NOW WHICH
IS PENDING AS C.C.NO.1962/2023
PENDING BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT II, KOLLAM
DATED 19.10.2023
ANNEXURE A3 THE ORIGINAL OF THE AFFIDAVIT FILED
BY THE 3RD RESPONDENT/DEFACTO
COMPLAINANT DATED 05.04.2024.
ANNEXURE A4 THE ORIGINAL OF THE AFFIDAVIT FILED
BY TEH 4TH RESPONDENT DATED
05.04.2024
RESPONDENTS ANNEXURES : NIL
