Kerala High Court
Vishnu vs State Of Kerala on 23 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
CRL.MC NO. 1271 OF 2024
CRIME NO.105/2017 OF PARIPPALLY POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.121 OF 2017 OF JUDICIAL
FIRST CLASS MAGISTRATE COURT, PARAVUR
PETITIONERS:
1 VISHNU
AGED 26 YEARS, S/O VINOD, GOKULAM HOUSE,
NEAR DEVASWOM BOARD SCHOOL, EZHIPPURAM CHERRY,
PARIPPALLY, KOLLAM., PIN - 691574
2 PRASANTH
AGED 26 YEARS, S/O PRASANNAN, KATHIKA HOUSE,
NEAR DEVASWOM BOARD SCHOOL, EZHIPPURAM CHERRY,
PARIPPALLY, KOLLAM, PIN - 691574
3 AKHIL ALIAS ACHU
AGED 26 YEARS, S/O DILEEP, UTHRADAM HOUSE,
NEAR MANKUZHI JUNCTION, EZHIPPURAM CHERRY,
PARIPPALLY, KOLLAM, PIN - 691574
4 VISHNU
AGED 25 YEARS, S/O VISHNU VILASAM,
VAZHAVILA, PAMBURAM CHERRY, PARIPPALLY,
KOLLAM, PIN - 691574
5 RANJITH
AGED 25 YEARS, S/O RAJU,
KOLAYIL CHARUVILA PUTHENVEEDU, PUTHANKULAM P.O .,
PAMBURAM CHERRY, PARIPPALLY, KOLLAM., PIN - 691302
6 VISHAKH
AGED 26 YEARS, S/O VISWANANTHAN,
VISHNU NIVAS, SASTHRIMUKKU, CHIRAKKARA P.O.,
KALLUVATHUKKAL, KOLLAM., PIN - 691578
7 HARIS
AGED 28 YEARS, S/O ABDUL LATHEEF,
SHAMINA MANZIL, KALLUKUZHI, UMAYANALLOOR CHERRY,
THAZHUTHALA, KOLLAM., PIN - 691589
BY ADVS.
M.R.SASITH
CRL.MC NO. 1271 OF 2024
2
NEELANJANA NAIR
ANJANA SURESH.E
RESPONDENTS/STATE/DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 DHANYA V.S
AGED 47 YEARS, W/O AJITH, GANGALAYAM,
CHAVARCODE, PARIPPALLY,
KOLLAM, PIN - 691574
3 STATION HOUSE OFFICER
PARIPPALLY POLICE STATION,
KOLLAM, PIN - 691574
BY ADV NANMA.B.B
SRI.M.P.PRASANTH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 23.05.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
CRL.MC NO. 1271 OF 2024
3
ORDER
Dated this the 23rd day of May, 2024
This Criminal Miscellaneous Case has been filed under
Section 482 of the Code of Criminal Procedure, 1973, to quash
all further proceedings in Annexure A2 Final Report in Crime
No.105/2017 of Parippally Police Station, now pending as
C.C.No.121/2017 before the Judicial First Class Magistrate
Court-II, Paravur. Petitioners herein are accused Nos.1 to 7 in
the above case.
2. Heard the learned counsel for the petitioners, the
learned counsel appearing for the 2nd respondent/de facto
complainant and the learned Public Prosecutor.
3. In this matter, offences punishable under Sections
143, 147, 148, 447, 294(b), 506(i) and 149 of IPC are alleged
to have been committed by the accused.
4. It is submitted that the matter has been amicably
settled and the de facto complainant filed affidavit in this
regard. As per the affidavit, the defacto complainant has no
CRL.MC NO. 1271 OF 2024
grievance in the matter of quashing the proceedings against
the petitioners.
5. The learned Public Prosecutor also submitted that
the matter has been settled between the parties and statement
of the defacto complainant to that effect has been recorded.
6. Since the matter has been 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 petition stands allowed and all further
proceedings in Annexure A2 Final Report in Crime
No.105/2017 of Parippally Police Station, now pending as
C.C.No.121/2017 before the Judicial First Class Magistrate
Court-II, Paravur, against the petitioners stand quashed.
Sd/-
A. BADHARUDEEN
JUDGE
nkr
CRL.MC NO. 1271 OF 2024
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY OF FIR IN CRIME NO.
105/2017 OF PARIPPALLY POLICE
STATION, KOLLAM
ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL
REPORT IN CRIME NO.105/2017 OF
PARIPPALLY POLICE STATION, KOLLAM
ANNEXURE A3 THE AFFIDAVIT SWORN BY THE 2ND
RESPONDENT
RESPONDENT ANNEXURES : NIL
