Sourav vs State of Kerala

Type Court Judgment Court Kerala Decided Apr 29, 2022

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Citation: sooperkanoon.com/1443958
Court: Kerala High Court
Judge: Honourable Mr.Justice Basant Balaji
Decided On: Apr 29, 2022
Case Number: Crl.MC/414/2022

Parties & Advocates

Appellant / Petitioner

Sourav

Respondent

State of Kerala

Excerpt

.....by adv a.muhammed raffiother present: sri. noushad k.a-sr.pp this criminal misc. case having come up for admission on 29.04.2022, the court on the same day passed the following:orderthe petitioners are accused in crime no.320/2015 of pallickal police station registered offences punishable under sections 143, 147, 341, 323, 294(b) r/w 149 of ipc.2. heard.3. it has been submitted by the learned counsel for theparties and the learned public prosecutor that the matter has been settled between the parties. the respondents 3 and 4, who are de- facto complainants, filed affidavit stating that the matter has been settled between the parties and hence, they have no further grievance against the petitioners. since the matter has been settled between the parties, quashing the said offence would secure the ends of justice. for the said reason, i am inclined to quash fir and final report in crime no.320/2015 of pallickal police station and all further proceedings in c.c.no.921/2015 of judicial first class magistrate court-ii, attingal, thiruvananthapuram, in exercise of the inherent power under section 482 cr.p.c., to meet the ends of justice and accordingly, i order so. in the result, this crl.m.c. stands allowed. sd/- basant balaji, judge rps/ appendix of crl.mc 414/2022petitioner annexures annexure 1 the certified copy of fir with fis in crime no. 320/2015 of pallickal police station dated 17.04.2015. annexure 2 the certified copy of final report in crime no. 320/2015 of pallickal police station dated 21.04.2015. annexure 3 the affidavit sworn by the 3rd respondent dated 15.01.2022. annexure 4 the affidavit sworn by the 4th respondent dated 15.01.2022 compromise dated 25.09.2021.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944 CRL.MC NO. 414 OF 2022 AGAINST THE ORDER/JUDGMENT IN CC 921/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,ATTINGAL PETITIONER/S:
1 SOURAV AGED 41 YEARS S/O. JAGANADHAN, KUNNATHU VEEDU, CHANGAYILKONAM, MADAVOOR VILLAGE, 2 SREEJESH AGED 29 YEARS S/O. THULASEEDHARAN PILLAI, KONATH PUTHEN VEEDU, CHANGAYILKONAM, MADAVOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT - 695602. 3 JAYACHANDRAN S/O. SADANANDAN, CHARUVILA PUTHEN VEETTIL, CHANGAYILKONAM, MADAVOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT - 695602. 4 RAJESH S/O. SHANMUGHAN, RADHABHAVAN, CHANGAYILKONAM, MADAVOOR VILLAGE, 5 SURESH, AGED 46 YEARS S/O. SHANMUGHAN, RADHABHAVAN, CHANGAYILKONAM, MADAVOOR VILLAGE, BY ADVS. K.SIJU ANJANA KANNATH T.S.SREEKUTTY
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031. 2 THE STATION HOUSE OFFICER PALLICKAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT - 670702. 3 NIJAF S/O. NUJUMUDEEN, CHARUVILA PUTHEN VEEDU, PULIYOORKONAM, MADAVOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT - 695602. 4 ANWAR AGED 31 YEARS KOOVAKUZHI KUNNIL VEEDU, PULIYOORKONAM, MADAVOOR VILLAGE, BY ADV A.MUHAMMED RAFFI
OTHER PRESENT: SRI. NOUSHAD K.A-SR.PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

The petitioners are accused in Crime No.320/2015 of Pallickal Police station registered offences punishable under sections 143, 147, 341, 323, 294(b) r/w 149 of IPC.

2. Heard.

3. It has been submitted by the learned counsel for the

parties and the learned Public Prosecutor that the matter has been settled between the parties. The respondents 3 and 4, who are de- facto complainants, filed affidavit stating that the matter has been settled between the parties and hence, they have no further grievance against the petitioners. Since the matter has been settled between the parties, quashing the said offence would secure the ends of justice. For the said reason, I am inclined to quash FIR and final report in Crime No.320/2015 of Pallickal Police station and all further proceedings in C.C.No.921/2015 of Judicial First Class Magistrate Court-II, Attingal, Thiruvananthapuram, in exercise of the inherent power under Section 482 Cr.P.C., to meet the ends of justice and accordingly, I order so. In the result, this Crl.M.C. stands allowed. Sd/- BASANT BALAJI, JUDGE rps/ APPENDIX OF CRL.MC 414/2022

PETITIONER ANNEXURES Annexure 1 THE CERTIFIED COPY OF FIR WITH FIS IN CRIME NO. 320/2015 OF PALLICKAL POLICE STATION DATED 17.04.2015. Annexure 2 THE CERTIFIED COPY OF FINAL REPORT IN CRIME NO. 320/2015 OF PALLICKAL POLICE STATION DATED 21.04.2015. Annexure 3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 15.01.2022. Annexure 4 THE AFFIDAVIT SWORN BY THE 4TH RESPONDENT DATED 15.01.2022 COMPROMISE DATED 25.09.2021.

Same Court & Year Kerala · 2022 Same Parties Sourav vs State of Kerala Same Judge Honourable Mr.Justice Basant Balaji