Kerala High Court
Nandhu vs State Of Kerala on 13 May, 2025
CRL.MC NO. 119 OF 2025 1
2025:KER:33770
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947
CRL.MC NO. 119 OF 2025
CRIME NO.1/2020 OF ERUMAPETTY POLICE STATION, THRISSUR
AGAINST SC NO.601 OF 2021 OF ASSISTANT SESSIONS COURT/II
ADDITIONAL SUB COURT,THRISSUR
PETITIONERS/ACCUSED:
1 NANDHU,
AGED 29 YEARS
S/O. KRISHNAN,OZHICHIRANJALIL HOUSE, KADANGODU
VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT-,
PIN - 680584
2 ANEESH,
AGED 29 YEARS
VELAYUDHAN, PARAKKUNNATH HOUSE, KADANGODU
VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT,
PIN - 680584
3 MANIKANDAN,
AGED 54 YEARS
S/O. ACHUTHAN, OZHICHIRANJALIL HOUSE,KADANGODU
VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT,
PIN - 680584
4 SREERAG,
AGED 27 YEARS, S/O. MANIKANDAN,
OZHICHIRANJALIL HOUSE,KADANGODU VILLAGE,
THALAPPILLY TALUK, THRISSUR DISTRICT, PIN -
680584
5 BIJITH,
AGED 30 YEARS
S/O. BALAN, CHUNGATH HOUSE,KADANGODU VILLAGE,
THALAPPILLY TALUK,THRISSUR DISTRICT, PIN - 680584
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6 BIJEESH,
AGED 28 YEARS
S/O. BALAN, CHUNGATH HOUSE, KADANGODU VILLAGE,
THALAPPILLY TALUK, THRISSUR DISTRICT, PIN -
680584
7 ABHILASH,
AGED 33 YEARS
S/O. BALAN, KALLUR PANIYIL HOUSE, KADANGODU
VILLAGE, MELPPADY DESOM, THRISSUR DISTRICT, PIN -
680584
8 RAHUL,
AGED 24 YEARS
S/O. RAJAN,PARALASSERY HOUSE,KADANGODU VILLAGE,
MELPPADY DESOM,THRISSUR DISTRICT, PIN - 680584
BY ADVS.
K.M.MUHAMMED HUSSAIN
BALAKRISHNAN M.
RESPONDENTS/STATE AND COMPLAINANTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER,
ERUMAPETTY POLICE STATION,
THRISSUR DISTRICT, PIN - 680545
3 SUNEESH,
S/O. ARUMUGHAN, NEDIYEDATH HOUSE, KADANGODU
VILLAGE, THALAPPILLY TALUK,THRISSUR DISTRICT-,
PIN - 680584
4 SUKU @ SURESHKUMAR,
S/O. ARUMUGHAN, NEDIYEDATH HOUSE, KADANGODU
VILLAGE, THALAPPILLY TALUK,THRISSUR DISTRICT-,
PIN - 680584
5
SUJITH,
S/O. SURESHKUMAR, NEDIYEDATH HOUSE, KADANGODU
VILLAGE, THALAPPILLY TALUK,THRISSUR DISTRICT-,
PIN - 680584
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6 ARUN,
S/O. UNNIMON @ SUDEESH, NEDIYEDATH HOUSE,
KADANGODU VILLAGE, THALAPPILLY TALUK,
THRISSUR DISTRICT-, PIN - 680584
BY ADVS.
SMT. REKHA.S. PP
S.VAISAKH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 13.05.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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MOHAMMED NIAS C. P. , J.
.................................................
Crl.M.C No.119 of 2025
.......................................................
Dated this the 13th day of May, 2025
ORDER
The petitioners are accused in Crime No.1/2020 of
Erumapetty Police Station, Thrissur District, and the offences
alleged against the petitioners are under Sections 143, 147, 148,
323, 324, 308 and 149 of the Indian Penal Code.
2. The allegation against the petitioners is that in the
early morning of 01.01.2020 i.e. at 03.00.a.m the petitioners along
with the other accused have formed themselves into an unlawful
assembly armed with deadly weapons, with the common object to
attack the defacto complainant because of their enmity towards
him, had beaten him with an iron rod on his head and thus caused
fatal injury on his head and when other respondents intervened,
petitioners also attacked the respondents No. 4 to 6 with 'konna
Stick' and thereby committed the aforesaid offences.
3. Heard the learned counsel for the petitioners, the
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learned Public Prosecutor, as well as the learned counsel for
respondents 3 to 6.
4. It is submitted by respective counsel that the
petitioners and respondents 3 to 6 have arrived at an amicable
settlement, and Annexures A2 to A5 are the affidavits filed. The
affidavits, inter alia, state that all the disputes are settled and that
the pendency of criminal proceedings would cause hardship to all
the parties.
5. From the submission across the Bar and perusing the
Criminal M.C. and the affidavits referred above, I am satisfied that
there has been an amicable settlement and that there are no
vitiating circumstances in the respondent's filing the affidavits. No
purpose will be served by continuing the proceedings in the above
circumstances.
6. In view of the judgment of the Hon'ble Supreme Court
in Gian Singh v. State of Punjab and another [2012 (10) SCC 303],
Narinder Singh and Others v. State of Punjab and Another [(2014) 6
SCC 466] and Yogendra Yadav and Others v. State of Jharkhand and
Another [(2014) 9 SCC 653] and considering the facts and
circumstances of the case and in exercise of power of this Court
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under Section 482 of the Code of Criminal Procedure, I hereby
quash Annexure A1 Final Report and all further proceedings in S.C
No.601 of 2021 of Assistant Sessions Court/II Additional Sub Court,
Thrissur and in Crime No.1 of 2020 of Erumapetty Police Station,
Thrissur District against these petitioners.
The Crl.MC is allowed as above.
Sd/-
MOHAMMED NIAS C.P.,
JUDGE
Anu
2025:KER:33770
PETITIONERS' ANNEXURES
Annexure A1 CERTIFIED COPY OF THE CHARGE SHEET IN
CRIME NO. 01 OF 2020 OF ERUMAPETTY POLICE
STATION
Annexure A2 TRUE/ORGINAL COPY OF THE AFFIDAVIT SWORN
BY THE 3 RD RESPONDENT DATED 19-11-2024
Annexure A3 TRUE/ORGINAL COPY OF THE AFFIDAVIT SWORN
BY THE 4 TH RESPONDENT DATED 19-11-2024
Annexure A4 TRUE/ORGINAL COPY OF THE AFFIDAVIT SWORN
BY THE 5 TH RESPONDENT DATED 19-11-2024
Annexure A5 TRUE/ORGINAL COPY OF THE AFFIDAVIT SWORN
BY THE 6 TH RESPONDENT DATED 19-11-2024
