Kerala High Court
Jishnu Thampi vs State Of Kerala on 22 April, 2025
2025:KER:32860
Crl. MC. No.125 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
TUESDAY, THE 22ND DAY OF APRIL 2025 / 2ND VAISAKHA, 1947
CRL.MC NO. 125 OF 2025
CRIME NO.448/2019 OF THRIKKUNNAPPUZHA POLICE STATION, ALAPPUZHA
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.1122 OF 2022 OF ASSISTANT
SESSIONS COURT/SUB COURT / COMMERCIAL COURT, MAVELIKKARA
PETITIONER/S:
1 JISHNU THAMPI
AGED 30 YEARS
S/O. THAMPI, MEENATHEPARAMBIL, ERICKAVU P.O., KUMARAPURAM,
ALAPPUZHA DISTRICT., PIN - 690516
2 SHAMBU
AGED 23 YEARS
S/O.MAHADEVAN, MAGALASSERY KATTIL, ERICKAVU P.O.,
KUMARAPURAM, ALAPPUZHA DISTRICT., PIN - 690516
3 SHYAM CHAND @ KANNAN
AGED 24 YEARS
S/O. THAMPI, PANAVELIKKATTIL VEEDU, PAZHYACHIRA BHAGA,
ERICKAVU P.O., KUMARAPURAM,ALAPPUZHA DISTRICT., PIN - 690516
4 RAHUL
AGED 30 YEARS
S/O. RAJU, VETTATUPARMBIL, ERICKAVU P.O., KUMARAPURAM,
ALAPPUZHA DISTRICT., PIN - 690516
5 ANURAJ
AGED 30 YEARS
, S/O. RAJENDAN, PULLATHUPARAMBIL VADAKKETHIL, ERICKAVU
P.O., KUMARAPURAM, ALAPPUZHA DISTRICT., PIN - 690516
6 VISHNU
AGED 30 YEARS
S/O. MOHANAN, VINA NIVAS, ERICKAVU P.O., KUMARAPURAM,
ALAPPUZHA DISTRICT., PIN - 690516
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Crl. MC. No.125 of 2025
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7 SUBEESH
AGED 28 YEARS
S/O. SURANDREN, PARAMBIL KIZHAKKETHIL, ERICKAVU P.O.,
KUMARAPURAM, ALAPPUZHA DISTRICT., PIN - 690516
8 VINU
AGED 29 YEARS
S/O. VISWAMBHARAN, VINITHA BHAVANAM, ERICKAVU P.O.,
KUMARAPURAM, ALAPPUZHA DISTRICT., PIN - 690516
BY ADVS.
K.B.ARUNKUMAR
PRATHAP.G.PADICKAL
POOJA K.S.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN -
682031
2 THE SUB INSPECTOR OF POLICE
THRIKUNNAPUZHA POLICE STATION, ALAPPUZHA DISTRICT., PIN -
690515
3 SUNI
AGED 33 YEARS
S/O. SURAN, RESIDING AT PANAVELIKKATTIL HOUSE, PAZHAYACHIRA
BHAGAM, ERIKKAVU MURI, KUMARAPURAM VILLAGE, ALAPPUZHA
DISTRICT., PIN - 690516
4 SUDHEESH
AGED 38 YEARS
S/O. SURAN, RESIDING AT PANAVELIKKATTIL HOUSE, PAZHAYACHIRA
BHAGAM, ERIKKAVU MURI, KUMARAPURAM VILLAGE, ALAPPUZHA
DISTRICT., PIN - 690516
5 SURAN
AGED 70 YEARS
S/O. BHARATHAN, RESIDING AT PANAVELIKKATTIL, PAZHAYACHIRA
BHAGAM, ERIKKAVU MURI, KUMARAPURAM VILLAGE, ALAPPUZHA
DISTRICT., PIN - 690516
6 PRASANNA
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Crl. MC. No.125 of 2025
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AGED 64 YEARS
W/O. SURAN, RESIDING AT PANAVELIKKATTIL, PAZHAYACHIRA
BHAGAM, ERIKKAVU MURI, KUMARAPURAM VILLAGE, ALAPPUZHA
DISTRICT., PIN - 690516
7 RESHMA
AGED 29 YEARS
W/O. SUDHEESH, RESIDING AT PANAVELIKKATTIL, PAZHAYACHIRA
BHAGAM, ERIKKAVU MURI, KUMARAPURAM VILLAGE, ALAPPUZHA
DISTRICT., PIN - 690516
BY ADV RANJIT BABU
ADV. SUNNEL P RAJ, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.04.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl. MC. No.125 of 2025
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C. PRATHEEP KUMAR, J
-----------------------------------------------
Crl. MC. No.125 of 2025
------------------------------------------------
Dated this the 22nd day of April, 2025
ORDER
This is a petition filed under Section 528 of B.N.S.S., by the accused Nos.
1 to 8 in Crime No.448 of 2019, Thrikkunnappuzha Police Station, Alappuzha,
which is pending as S.C No.1122 of 2022 on the file of Assistant Sessions Court,
Mavelikkara. The offences alleged against the petitioners are punishable under
Sections 143, 147, 148, 341, 294(b), 323, 324, 341, 427, 452, 354, and 308 of
Indian Penal Code.
2. The prosecution case is that on 05.04.2019, around 7:00 PM, they
formed themselves into an unlawful assembly, wrongfully restrained the de
facto complainant and his friends, and attacked them with dangerous weapons.
It is also alleged that if the blow inflicted against the charge witness No.2 was
not blocked, the same would have resulted in fatal injury as well as to his death.
3. According to the petitioners, the dispute has been settled with the de
facto complainants and all of them agreed to drop all further proceedings
relating to the above dispute. Therefore, the petitioners prayed for quashing all
further proceedings against them.
4. The de facto complainants filed affidavits endorsing the averments in
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the Criminal MC. According to them, the case has been amicably settled and
that they do not intend to proceed with the case and also that further
proceedings in the case can be quashed. They have no further grievance against
the petitioners.
5. Learned Public Prosecutor also submitted, after getting instruction,
that the dispute has been settled between the parties and hence further
proceedings in the case can be quashed. There is also no serious criminal
antecedents against the petitioners.
6. Considering the fact that the offences involved in this case are not
heinous and very serious in nature, and the dispute has been settled between
the petitioners and defacto complainants, this is a fit case in which further
proceedings can be quashed by invoking the inherent power of this court.
In the result, This Crl. M.C is allowed. All further proceedings in S.C.
No.1122 of 2022 on the file of Assistant Sessions Court, Mavelikkara arising
from Crime No.448 of 2019 of Thrikkunnappuzha Police Station, is quashed.
Sd/-
C.PRATHEEP KUMAR
JUDGE
SJ
2025:KER:32860
PETITIONER ANNEXURES
Annexure A-1 THE CERTIFIED COPY OF THE FIR IN CRIME NO.
448/2019 OF THRIKUNNAPUZHA POLICE STATION
Annexure A-2 THE CERTIFIED COPY OF FINAL REPORT IN S.C NO.
1122/2022 ON THE FILE OF ASSISTANT SESSIONS
COURT, MAVELIKKARA
Annexure A-3 THE AFFIDAVIT DATED 20.11.2024 EXECUTED BY THE
3RD RESPONDENT
Annexure A-4 THE AFFIDAVIT DATED 20.11.2024 EXECUTED BY THE
4TH RESPONDENT
Annexure A-5 THE AFFIDAVIT DATED 20.11.2024 EXECUTED BY THE
5TH RESPONDENT
Annexure A-6 THE AFFIDAVIT DATED 20.11.2024 EXECUTED BY THE
6TH RESPONDENT HEREIN
Annexure A-7 THE AFFIDAVIT DATED 20.11.2024 EXECUTED BY THE
7TH RESPONDENT
