Kerala High Court

Shine @ Kochappi vs State Of Kerala on 13 May, 2025

                                                          2025:KER:33778

               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. 1740 OF 2025

CRIME NO.815/2017 OF KADAKKAVUR POLICE STATION, THIRUVANANTHAPURAM

         IN CC 1977/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I,

                                VARKALA

PETITIONERS/ACCUSED NOS.1 TO 3:

            SHINE @ KOCHAPPI,
            AGED 41 YEARS,
            S/O.RAJENDRALAL, RESIDING AT KOCHUPADAPPURA VEEDU,
    1
            NEAR DEVARUNADA TEMPLE, KADAKKAVUR VILLAGE,
            THIRUVANANTHAPURAM, PIN - 695306.

            RAJEEV,
            AGED 37 YEARS,
            S/O.RAVEENDRAN,RESIDING AT VAYALVEEDU,
    2
            OOTTUPARAMBU, KADAKKAVUR VILLAGE,
            THIRUVANANTHAPURAM, PIN - 695306.

            BUSH,
            AGED 35 YEARS,
            S/O. BABU, RESIDING AT MAYOORI, OOTTUPARAMBU,
    3
            KADAKKAVUR VILLAGE, THIRUVANANTHAPURAM,
            PIN - 695306.


            BY ADV AISWARYA V.S.
 CRL.MC NO. 1740 OF 2025


                             2

                                               2025:KER:33778

RESPONDENTS/STATE ABD DEFACTO COMPLAINANT:

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

           BINU,
           AGED 47 YEARS,
           S/O.SURENDRAN, AGED 47 YEARS, RESIDING AT PARAMBIL
     2
           VEEDU, OOTTUPARAMBU, KADAKKAVUR VILLAGE,
           THIRUVANANTHAPURAM, PIN - 695306.

           SHIBU,
           AGED 53 YEARS,
           S/O.SURENDRAN,RESIDING AT PARAMBIL VEEDU,
     3
           OOTTUPARAMBU, KADAKKAVUR VILLAGE,
           THIRUVANANTHAPURAM, PIN - 695306.

           SHEEBA,
           AGED 56 YEARS,
           D/O.KANAKAMMA, RESIDING AT CHEMBAKASSERI VEEDU,
     4
           NEAR CHEKKALAVILAKOM, KADAKKAVUR VILLAGE,
           THIRUVANANTHAPURAM, PIN - 695306.

           BY ADV. AKHIL SUSEENDRAN
           SMT. M.K. PUSHPALATHA
           SMT.REKHA S, PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 13.05.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 CRL.MC NO. 1740 OF 2025


                                          3

                                                                  2025:KER:33778

                          MOHAMMED NIAS C.P., J
             ............................................................
                        Crl. M.C. No. 1740 of 2025
             .............................................................
                 Dated this the 13th day of May, 2025


                                      ORDER

The petitioners are accused in Crime No.815/2017 of

Kadakkavur Police Station, Thiruvananthapuram District. The

offences alleged against the petitioners are under Sections

294(b), 447, 323, 324, and 34 of the Indian Penal Code. The

case is now pending as C.C.No.1977/2018 before the Judicial

First Class Magistrate Court--I, Varkala,

Thiruvananthapuram.

2. The allegation against the petitioners is that on

18.06.2017 at about 05.45 p.m., the petitioners, using a

wooden stick, assaulted the 2 nd and 3rd respondents and also

used obscene language and thereby committed the offences

mentioned above.

3. Heard the learned counsel for the petitioners, the CRL.MC NO. 1740 OF 2025

2025:KER:33778

learned Public Prosecutor, as well as the learned counsel for

respondents 2 to 4.

4. It is submitted by respective counsel that the

petitioners and respondents 2 to 4 have arrived at an

amicable settlement, and Annexures B, C and D 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. Given 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 CRL.MC NO. 1740 OF 2025

2025:KER:33778

[(2014) 9 SCC 653] and considering the facts and

circumstances of the case and in exercise of power of this

Court under Section 482 of the Code of Criminal Procedure, I

hereby quash Annexure A Final Report and all further

proceedings in C.C.No.1977/2018 on the files of the Judicial

First Class Magistrate Court - I, Varkala, against these

petitioners.

The Crl.MC is allowed as above.

Sd/-

MOHAMMED NIAS C.P. JUDGE DK CRL.MC NO. 1740 OF 2025

2025:KER:33778

PETITIONER ANNEXURES

THE TRUE COPY OF THE FINAL REPORT IN KADAKKAVUR POLICE STATION,THIRUVANANTHAPURAM CRIME NO.815/2017 U/S.294(B), 447, 323, 324, Annexure A AND 34 IPC PENDING AS CCNO.1977/2018 IN THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, VARKALA,THIRUVANANTHAPURAM

AFFIDAVIT OF COMPROMISE OF RESPONDENT