Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL WEDNESDAY, THE 9TH DAY OF MARCH 2022 / 18TH PHALGUNA, 1943 CRL.MC NO. 425 OF 2022 [ST 2273/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS-I,ALATHUR] PETITIONERS/ACCUSED NOS..1,2,5 and 6: 1 ABBAS AGED 50 YEARS S/O. MOIDEENKUTTY, NADUMALAKALAM, VAVULYAPURAM, ALATHUR, 2 SAHAD AGED 46 YEARS S/O. MEERANKUTTY, VADAKKEKARAKALAM, VAVULYAPURAM, ALATHUR, PALAKKAD - 678543. 3 CHANDRAN AGED 48 YEARS S/O. CHAMIYAR, CHALUMBULLY HOUSE, VAVULYAPURAM, ALATHUR, 4 ISMAIL AGED 47 YEARS S/O. ALI, MATTUMALA HOUSE, VAVULYAPURAM, ALATHUR, BY ADV V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENTS/DE FACTO COMPLAINANT AND STATE: 1 SANOSH AGED 36 YEARS S/O. RAMAKRISHNAN, CHALUMBULLY HOUSE, THODUKADU, VAVULYAPURAM, ALATHUR, PALAKKAD - 678543. 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. BY ADV UNNI SEBASTIAN KAPPEN OTHER PRESENT: SR.PP - SRI. HRITHWIK C.S. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.03.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: :-2-:
O R D E R
Petitioners are accused 1,2,5 and 6 in S.T.No. There are six accused in the Crime. On completion of investigation, charge sheet has been laid under Sections 143,147,341,323,294(b) read with 149 IPC. It is submitted that accused Nos.3 and 4 are no more and their death certificates have been produced. Petitioners state that the matter is settled with the first respondent/injured and the entire proceedings are sought to be quashed.
2. I heard the learned counsel for the petitioners, the
learned counsel for the first respondent and the learned Senior Public Prosecutor. More over, Annexure D affidavit of the first respondent also is produced to confirm the settlement reached between the parties.
3. It is alleged that on 13.3.2018 at 15.30 hours, out of
the dispute on construction of a bus waiting shed at the front of the :-3-: house of CW1, six accused persons formed themselves into an unlawful assembly and in prosecution of the common object, they restrained the first respondent, abused him and also manhandled him. Now the matter is settled.
4. A connected case, Crl.M.C.No.453 of 2022 arising out of S.T.No.2351 of 2018 of Judicial First Class Magistrate Court-I, Alathur has also been allowed quashing the proceedings.
5. Allegations against the petitioners are not serious in
nature and the matter is evidently settled. Parties are known to each other and the first respondent in the crime, who is the injured does not have any subsisting grievance against the petitioners.
6. In the circumstances, entire proceedings in
S.T.No.2273/2018 of the Judicial First Class Magistrate Court-I, Alathur are quashed. Crl.M.C. is allowed as above. sd/- K.HARIPAL, MBS/ Judge :-4-: APPENDIX OF CRL.MC 425/2022 PETITIONER ANNEXURES Annexure A CERTIFIED COPY OF THE FINAL REPORT IN S.T.NO.2273/2018 OF THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE -I, ALATHUR. Annexure B TRUE COPY OF THE DEATH CERTIFICATE OF PAKEER DATED 09.07.2018 ISSUED FROM THE Annexure C TRUE COPY OF THE DEATH CERTIFICATE OF K. APPAYI DATED 25.06.2019 ISSUED FROM THE Annexure D THE AFFIDAVIT SWORN BY THE 1ST RESPONDENT HEREIN EVIDENCING THE AFORESAID FACTUM OF SETTLEMENT.