Rajesh vs State of Kerala

Type Court Judgment Court Kerala Decided May 31, 2024

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Citation: sooperkanoon.com/1322154
Court: Kerala High Court
Judge: Honourable Mr. Justice a. Badharudeen
Decided On: May 31, 2024
Case Number: Crl.MC/11348/2023

Parties & Advocates

Appellant / Petitioner

Rajesh

Respondent

State of Kerala

Excerpt

.....the petitioners herein are the accused in the above case.2. heard the learned counsel for the petitioners and the learned public prosecutor.3. in this matter, offences punishable under sections294(b), 506(i), 509 and 34 of ipc and section 3(1)(m)(r) of the scheduled caste and scheduled tribe (prevention of atrocities) act 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 and the injured persons, viz., seema and indira filed affidavits in this regard.5. the learned public prosecutor also submitted that the matter has been settled between the parties and statements of the de facto complainant and the injured to that effect have been recorded.6. since the dispute has been settled in between theparties, 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 annexure a1 fir and annexure a2 final report in crime no.297/2016 of valappad police station and all further proceedings in s.c.no.146/2017 on the files of the district and sessions judge, thrissur, against the petitioners stand quashed. sd/- a. badharudeen judge nkr appendix of crl.mc 11348/2023 petitioner annexures annexure a1 certified copy of the first information report crime no 0297 of 2016 dated 16-02-2016 of valappad police station, thrissur annexure a2 certified copy of the final report dated in crime no 0297 of 2016 of valappad police station, thrissur dated 12-09- 2016 annexure a3 an affidavit dated 15-09-2022 sworn by the third respondent, the de-facto complainant annexure a4 an affidavit dated 5-09-2022 sworn by the fourth respondent

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946 CRIME NO.297/2016 OF VALAPPAD POLICE STATION, THRISSUR PETITIONER/ACCUSED: 1 RAJESH AGED 42 YEARS S/O RAJU, CHETTIYAKKARA HOUSE, NATTIKA BEACH, 2 ANANDARAJ @ SANTHOSH AGED 61 YEARS S/O KRISHNANKUTTY, THOPPIL HOUSE, NATTIKA BEACH, BY ADV N.S.DAYA SINDHU SHREE HARI RESPONDENT/STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, PIN - 682031 2 S.I. OF POLICE VALAPPAD POLICE STATION, THRISSUR- 680567 REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, PIN - 680567 3 ADV SEEMA AGED 38 YEARS W/O PRAMOD, NAYARUSSERY VEED, NATTIKA BEACH, NATTIKA VILLAGE, THRISSUR, PIN - 680566 4 INDIRA AGED 49 YEARS W/O JANARDANAN, THUPRADAN VEEDU, NATTTIKA BEACH, DESOM, NATTIKA VILLAGE, BY ADV RAKESH.R.K SRI. RENJIT GEORGE, SENIOR PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 31st day of May, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure A1 FIR and Annexure A2 Final Report in Crime No.297/2016 of Valappad Police Station and all further proceedings in S.C.No.146/2017 on the files of the District and Sessions Judge, Thrissur. The petitioners herein are the accused in the above case.

2. Heard the learned counsel for the petitioners and the learned Public Prosecutor.

3. In this matter, offences punishable under Sections

294(b), 506(i), 509 and 34 of IPC and Section 3(1)(m)(r) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act 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 and the injured persons, viz., Seema and Indira filed affidavits in this regard.

5. The learned Public Prosecutor also submitted that the matter has been settled between the parties and statements of the de facto complainant and the injured to that effect have been recorded.

6. Since the dispute has been settled in 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 Annexure A1 FIR and Annexure A2 Final Report in Crime No.297/2016 of Valappad Police Station and all further proceedings in S.C.No.146/2017 on the files of the District and Sessions Judge, Thrissur, against the petitioners stand quashed. Sd/- A. BADHARUDEEN JUDGE nkr APPENDIX OF CRL.MC 11348/2023 PETITIONER ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT CRIME NO 0297 OF 2016 DATED 16-02-2016 OF VALAPPAD POLICE STATION, THRISSUR ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT DATED IN CRIME NO 0297 OF 2016 OF VALAPPAD POLICE STATION, THRISSUR DATED 12-09- 2016 ANNEXURE A3 AN AFFIDAVIT DATED 15-09-2022 SWORN BY THE THIRD RESPONDENT, THE DE-FACTO COMPLAINANT ANNEXURE A4 AN AFFIDAVIT DATED 5-09-2022 SWORN BY THE FOURTH RESPONDENT

Same Court & Year Kerala · 2024 Same Parties Rajesh vs State of Kerala Same Judge Honourable Mr. Justice a. Badharudeen