Prabhu vs State Of Kerala
2024 Latest Caselaw 11911 Ker

Kerala High Court

Prabhu vs State Of Kerala on 3 May, 2024

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE G.GIRISH
        FRIDAY, THE 3RD DAY OF MAY 2024 / 13TH VAISAKHA, 1946
                       CRL.MC NO. 2718 OF 2024
        CRIME NO.2342/2021 OF Medical College Police Station,
                         Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.91 OF 2024 OF ADDITIONAL
CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM
PETITIONER()/ACCUSED N.1 TO 3S:

    1      PRABHU
           AGED 32 YEARS
           S/O. SASI , TC NO. 54/716 (2), SMRA 310, SASI BHAVAN,
           KEEZHEMANGATTUKONAM MAKKOTTUKONAM, WARD, MANACAUD,
           THIRUVANANTHAPURAM, PIN - 695009

    2      MAHESH
           AGED 38 YEARS
           S/O. CHANDRAN NAIR PALARA PUTHEN VEEDU, TC NO. 52/3481,
           NEAR PALARA VINAYAKA KALLAYANA MANDAPAM, PAPPANAMCODE,
           NEMOM, THIRUVANANTHAPURAM, PIN - 695020

    3      RAJESH KUMAR M,
           AGED 39 YEARS
           S/O. JAYAMOHANAN PILLAI, KIZHAKAE POOVEN PILLAI VEEDU,
           KARUMANDAL STREET, NEAR POOTTINGHAL TEMPLE,
           PARAVUR, KOLLAM, PIN - 691301

           BY ADV M.R.SARIN


RESPONDENT(S)/DEFACTO COMPLAINANT:

    1      STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

    2      THE STATION HOUSE OFFICER
           MEDICAL COLLEGE POLICE STATION,
           THIRUVANANTHAPURAM, PIN - 695011

    3      SAJEENA
           AGED 48 YEARS
           W/O. SAYED KHAN, S.A NIVAS, KAROMKODU,
           MEENADU VILLAGE, KOLLAM, PIN - 691572
 CRL.MC NO. 2718 OF 2024
                                 2



     4    SIYAD
          AGED 30 YEARS
          S/O. SAYED KHAN, S.A NIVAS, KAROMKODU,
          MEENADU VILLAGE, KOLLAM, PIN - 691572

          BY ADV SAUMYA P.S
          REKHA.S -SR. PP


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   03.05.2024,   THE   COURT   ON   THE   SAME   DAY   PASSED   THE
FOLLOWING:
 CRL.MC NO. 2718 OF 2024
                                3




                            ORDER

Petitioners who are accused Nos.1 to 3 in CC

No.91/2024 of the Additional Chief Judicial Magistrate Court,

Thiruvananthapuram have approached this Court with this

petition under Section 482 of Cr.P.C. for quashing the

proceedings in the said case.

2. The reason stated is that the matter has been

amicably settled with the injured.

3. Heard the learned counsel for the petitioners and

the learned Public Prosecutor representing the State of

Kerala.

4. The offences alleged against the petitioners are

compoundable invoking the provisions under Section 320 of

the Code of Criminal Procedure.

Therefore, present petition stands closed reserving the

right of the petitioners to approach the learned Magistrate

for compounding the offence. It is made clear that there CRL.MC NO. 2718 OF 2024

shall not be any coercive proceedings initiated against the

petitioners till they approach the Trial Court with appropriate

petitions for compounding the case.

Sd/-

G.GIRISH JUDGE nak CRL.MC NO. 2718 OF 2024

PETITIONER ANNEXURES

Annexure A1 . THE TRUE COPY OF F.I.R IN CRIME NO.

2342/2021 OF MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM

Annexure A2 THE TRUE COPY OF FINAL REPORT IN CC NO.

91/2024 BEFORE THE HON'BLE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM I

Annexure A3 THE AFFIDAVIT SWORN BY THE 3 RD RESPONDENT

Annexure A4 THE AFFIDAVIT SWORN BY THE 4TH RESPONDENT