Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL MONDAY, THE 31ST DAY OF JANUARY 2022 / 11TH MAGHA, 1943 CRL.MC NO. 580 OF 2022 CRIME NO.80/2019 OF CHANDERA POLICE STATION AND NOW THE CASE IS PENDING AS S.C.NO.487 OF 2019 ON THE FILES OF THE SUB COURT HOSDURG. PETITIONERS/ACCUSED 1 TO 3: 1 SUNIL KUMAR V AGED 44 YEARS S/O GOPALAN, VAYALIL HOUSE, 2 JIJUMON P K. AGED 26 YEARS S/O JANARDHANAN, KALIYATH HOUSE, MANIYATT, MANIYATT VILLAGE, 3 JANARDHANAN K. AGED 56 YEARS S/O GOPALAN NAMBIAR, KALIYATH HOUSE, BY ADV NIRMAL V NAIR RESPONDENTS/STATET & DFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2 T.V.BALAN AGED 57 YEARS S/O KUNHAMBU, THEKKEVEEDU, 3 THAMBAN K AGED 49 YEARS S/O NARAYANAN, AMMA HOUSE, MANIYATT HOUSE, MANIYATT VILLAGE, BY ADV RAHUL SASI SR.PP - SMT. SREEJA V. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.01.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Accused in Crime No.80/2019 of Chandera police station, Kasargod have moved this Court for quashing the proceedings on the ground of settlement reached with the defacto complainant and other injured. That crime was registered on 09.03.2019 alleging offence under Sections 341, 323, 324, 294(b), 506 and 308 read with Section 34 of the IPC. The prosecution allegation is that on 08.03.2019 at 09:00 p.m, for the reason that the defacto complainant had spread canards about the alleged illicit relationship between the first petitioner and wife of the 3rd petitioner, with the intention of assaulting them wrongfully restrained him and assaulted him with iron pipe aiming on his head. But since it was timely evaded, that did not cause serious injuries. The first accused had slapped on the left cheek of the defacto complainant and caused grievous hurt by breaking the ear membrane. The 2nd accused has beaten him with a bamboo stick. They also abused them and threatened to kill them. On conclusion of investigation, charge sheet was laid before the Judicial First Class Magistrate’s Court -I, Kasargod where the case was taken on file as C.P.No.50/2019. On committal the case has reached before the Assistant Sessions Court, Hosdurg where the case is pending as S.C.No.487/2019. Now the petitioners want to quash the proceedings on the ground of settlement.
2. I heard the learned counsel for the petitioners and the learned Senior Public Prosecutor.
3. It has also been pointed out that there is a connected case
in which the defacto complainant is the wife of the 3 rd petitioner and for quashing the same Crl.M.C.No.383/2022 is pending before this Court. That means, both the cases have been settled.
4. The respondents 2 and 3 are the injured. The 2 nd
respondent is the defacto complainant who has suffered grievous hurt in the occurrence; the 3rd respondent also sustained injuries in the occurrence. Both have stated in unambiguous terms that the matter is settled and they do not want to pursue the proceedings. It is stated in the affidavits that the defacto complainant and the petitioners are friends and now no dispute is subsisting among them. They do not want to pursue the proceedings.
5. In the light of the clear statement of respondents 2 and 3,
there is no purpose in continuing the proceedings. There is no public interest also involved. Therefore, entire proceedings in S.C.No.487/2019 on the file of the Assistant Sessions Court, Hosdurg are quashed and the petitioners shall stand exonerated. Crl.M.C is allowed as above. Sd/- K.HARIPAL JUDGE Jms/31.01 //True Copy// P.A to Judge APPENDIX OF CRL.MC 580/2022 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FIR AND FIS IN CRIME NO.80 OF 2019 OF CHANDERA POLICE STATION. Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.80 OF 2019 OF CHANDERA POLICE STATION. Annexure A3 THE ORIGINAL OF THE AFFIDAVIT DATED 13.01.2022 SUBMITTED THE 2ND RESPONDENT. Annexure A4 THE ORIGINAL OF THE AFFIDAVIT DATED 13.01.2022 SUBMITTED THE 3RD RESPONDENT.