Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 14TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945 CRL.MC NO. 9077 OF 2023 CRIME NO.1280/2016 OF HARIPPAD POLICE STATION, ALAPPUZHA IN SC NO.813 OF 2018 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - II, ALAPPUZHA / II ADDITIONAL MACT/ LAND ACQUISITION REHABILIEATION AND RE-SETTLEMENT AUTHORITY, ALAPPUZHA
PETITIONERS/ACCUSED 1 TO 6: 1 CHOTHISH Y S/O YASHODARAN, ANJU BHAVANAM, PILAPUZHA NORTH, HARIPPAD P O, ALAPPUZHA DISTRICT, KERALA, PIN - 690514 2 RAKESH R S/O RAMAN K, RAJI BHAVANAM, PILAPUZHA, HARIPPAD P O, ALAPPUZHA DISTRICT, KERALA, PIN - 690514 3 SUDHEER MON S AGED 28 YEARS S/O SHAHUL HAMEED, SUDHEER MANZIL VALIYAKUZHI, MUTTOM P O, HARIPPAD, 4 RAJESH G AGED 32 YEARS S/O GOPALAN, MEENATHERIL LAKSHAMVEEDU, -:2:- PALLIPPAD, MUTTOM P O, 5 ANANDHU A KURUP S/O ANIYAN KURUP, PANACHOOR, KANJOOR, CHEPPAD P O, CHEPPAD, ALAPPUZHA DISTRICT, KERALA, PIN - 690507 6 RAKESH NATH AGED 25 YEARS S/O RAGHUNATHAN PILLAI, MEENATHERIL LAKSHAMVEEDU, PALLIPPAD, MUTTOM P O,
BY ADVS. BINU BABUKUTTAN VIDHU M.UNNITHAN RESPONDENTS/STATE & COMPLAINANT/INJURED: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 NIKHIL KUTTIKADU COLONY, PILAPPUZHA, HARIPPAD, ALAPPUZHA DISTRICT, KERALA, PIN - 690514 BY ADV. NOUSHAD K.A. PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -:3:-
BECHU KURIAN THOMAS, J.
--------------------------------------- --------------------------------------- Dated this the 14th day of March, 2024
ORDER
Petitioners are accused Nos. 1 to 6 in S.C.No.813/2018 on the files of the Additional Sessions Court-II, Alappuzha, arising out of Crime No.1280/2016 of Harippad Police Station, registered for the offences under Sections 143, 147, 148, 341, 294(b), 323 and 307 r/w Section 149 of the Indian Penal Code, 1860.
2. According to the prosecution, the accused had, on 4.09.2016,
formed themselves into an unlawful assembly and, after abusing the defacto complainant, started attacking him. During the course of attack, the fourth accused stabbed the defacto complainant under his left arm with a knife and thus committed the offences alleged.
3. I have heard Sri. Binu Babukuttan, the learned counsel for the petitioners as well as Sri. Noushad. K.A, the learned Public Prosecutor.
4. Though non compoundable offences can be quashed on the basis
of settlement, Supreme Court had observed in State of Madhya Pradesh vs. Laxmi Narayan and others [(2019) 5 SCC 688], that -:4:- heinous crimes ought not to be quashed on the basis of a settlement unless the allegations in the final report does make out even a possible case of attempt of murder or other heinous crimes as alleged.
5. In the instant case, on a perusal of the final report, it is evident
that stab injuries have been inflicted by the accused after abusing the defacto complainant and after indicating an intention to commit murder. It is evident that, prima facie, the ingredients of offence under Section 307 of the Indian Penal Code, 1860, are made out. Therefore, it is not legally proper to quash the proceedings on the basis of the alleged settlement. Hence, this criminal miscellaneous case is dismissed. Sd/- BECHU KURIAN THOMAS JUDGE Jka/14.03.24. -:5:- APPENDIX OF CRL.MC 9077/2023 PETITIONERS’ ANNEXURES Annexure 1 CERTIFIED COPY OF THE FIR IN CRIME NO. POLICE STATION, ALAPPUZHA DISTRICT. Annexure 2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 1280/16 OF THE HARIPPAD POLICE STATION, ALAPPUZHA DISTRICT Annexure 3 AFFIDAVIT SWORN BY THE 2ND RESPONDENT, DATED 22/07/2023, EVIDENCING THE FACTUM OF SETTLEMENT.