Aneesh. P vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 07, 2022

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Citation: sooperkanoon.com/1444733
Court: Kerala High Court
Judge: Honourable Mr. Justice K.Haripal
Decided On: Feb 07, 2022
Case Number: Crl.MC/490/2022

Parties & Advocates

Appellant / Petitioner

Aneesh. P

Respondent

State of Kerala

Excerpt

.....the basis of settlement reached with respondents 2 and 3, who are the injured. the crime was registered on 6.7.2014 on the basis of the first information furnished by the third respondent alleging offences under sections 341,323,324,308 read with section 34 of ipc. on completion of investigation, charge sheet was laid against four persons and the petitioner is the first accused. the petitioner thereafter remained absconding and accused nos.2 to 4 faced trial in s.c.no.440 of 2016 on the file of the additional sessions court-ii, kasargod. by annexure a3judgment dated 26.2.2018 in s.c.no.440 of 2016, they wereacquitted under section 232 of cr.p.c. now the case against the petitioner has been refiled as s.c.no.340 of 2021. it is submitted that the matter is settled with respondents 2 and 3 and the entire proceedings are sought to be quashed. :-4-:2. i have heard the learned counsel for the petitioner andalso the learned senior public prosecutor. the learned senior public prosecutor also has confirmed the settlement. annexures a6 and a7 affidavits of the party respondents indicate that the matter is settled.3. it is alleged that on 6.7.2014 at 4.30 p.m., the accusedpersons, four in number, in furtherance of their common intention had assaulted and injured respondents 2 and 3 with iron pipe and thus committed attempts to culpable homicide not amounting to murder. annexures a4 and a5 wound certificates do not indicate that the respondents have suffered any injury. the second respondent was taken to the hospital on 6.7.2014 with pain on the back of left ear. similarly, the third respondent also did not have any injury on his person. he had complained of headache, neck pain and nose bleed and the injuries were simple in nature.4. as indicated earlier, other accused persons wereacquitted under section 232 of cr.p.c., after examining :-5-: respondents 2 and 3 as well, who did not support the prosecution case. the averments in the affidavits also indicate that the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL MONDAY, THE 7TH DAY OF FEBRUARY 2022 / 18TH MAGHA, 1943 CRL.MC NO. 490 OF 2022 [S.C.No.340 of 2021 on the file of the Additional Sessions Court-II, Kasargod arising from Crime No.757 of 2014 of Hosdurg Police Station] PETITIONER: ANEESH. P AGED 29 YEARS S/O ASHOKAN, POYYAKKARA HOUSE, POYYAKKARA, CHITHARI VILLAGE, HOSDURG TALUK, CHITHARI P.O, KASARAGOD BY ADVS. RAHUL SASI NEETHU PREM VIVEK.P.K MANU K. MURALI RESPONDENTS: 1 STATE OF KERALA HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 2 VIPIN. V AGED 30 YEARS S/O VASU, POYYAKKARA HOUSE, CHITHARI VILLAGE, HOSDURG TALUK, CHITHARI P.O, KASARAGOD. 3 PRAVEEN. K AGED 32 YEARS S/O KUNHIRAMAN, POYYAKKARA HOUSE, CHITHARI VILLAGE, HOSDURG TALUK, CHITHARI P.O, KASARAGOD BY ADVS. PUBLIC PROSECUTOR NIRMAL V NAIR :-2-: OTHER PRESENT: SR.PP - SRI. NOUSHAD K.A. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: :-3-:

O R D E R

The first accused in Crime No.757 of 2014 of Hosdurg Police Station has moved this Court for quashing the proceedings on the basis of settlement reached with respondents 2 and 3, who are the injured. The crime was registered on 6.7.2014 on the basis of the first information furnished by the third respondent alleging offences under Sections 341,323,324,308 read with Section 34 of IPC. On completion of investigation, charge sheet was laid against four persons and the petitioner is the first accused. The petitioner thereafter remained absconding and accused Nos.2 to 4 faced trial in S.C.No.440 of 2016 on the file of the Additional Sessions Court-II, Kasargod. By Annexure A3

judgment dated 26.2.2018 in S.C.No.440 of 2016, they were

acquitted under Section 232 of Cr.P.C. Now the case against the petitioner has been refiled as S.C.No.340 of 2021. It is submitted that the matter is settled with respondents 2 and 3 and the entire proceedings are sought to be quashed. :-4-:

2. I have heard the learned counsel for the petitioner and

also the learned Senior Public Prosecutor. The learned Senior Public Prosecutor also has confirmed the settlement. Annexures A6 and A7 affidavits of the party respondents indicate that the matter is settled.

3. It is alleged that on 6.7.2014 at 4.30 p.m., the accused

persons, four in number, in furtherance of their common intention had assaulted and injured respondents 2 and 3 with iron pipe and thus committed attempts to culpable homicide not amounting to murder. Annexures A4 and A5 wound certificates do not indicate that the respondents have suffered any injury. The second respondent was taken to the hospital on 6.7.2014 with pain on the back of left ear. Similarly, the third respondent also did not have any injury on his person. He had complained of headache, neck pain and nose bleed and the injuries were simple in nature.

4. As indicated earlier, other accused persons were

acquitted under Section 232 of Cr.P.C., after examining :-5-: respondents 2 and 3 as well, who did not support the prosecution case. The averments in the affidavits also indicate that the matter is settled. They do not want to pursue the case. In the above circumstances, entire proceedings against the petitioner in S.C.No.340 of 2021 on the file of the Additional Sessions Court-II, Kasaragod arising from Crime No.757 of 2014 of Hosdurg Police Station are quashed and the petitioner shall stand exonerated. The Crl.M.C. is allowed. sd/- K.HARIPAL, Judge MBS/ :-6-: APPENDIX OF CRL.MC 490/2022 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED OF THE FIR AND FIS IN CRIME NO. 757 OF 2014 OF HOSDURG POLICE STATION Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 757 OF 2014 OF HOSDURG POLICE STATION. Annexure A3 THE TRUE COPY OF THE JUDGMENT DATED 26.02.2018 IN S.C. 440 OF 2016 BY THE ADDL. DISTRICT & SESSIONS COURT-II, KASARAGOD. Annexure A4 THE CERTIFIED COPY OF THE WOUND CERTIFICATE OF THE 2ND RESPONDENT. Annexure A5 THE CERTIFIED COPY OF THE WOUND CERTIFICATE OF THE 3RD RESPONDENT. Annexure A6 THE ORIGINAL OF THE AFFIDAVIT DATED 22.09.2021 SUBMITTED BY THE 2ND RESPONDENT. Annexure A7 THE ORIGINAL OF THE AFFIDAVIT DATED 22.09.2021 SUBMITTED BY THE 3RD RESPONDENT.

Same Court & Year Kerala · 2022 Same Parties Aneesh. P vs State of Kerala Same Judge Honourable Mr. Justice K.Haripal