Vishnu vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 28, 2022

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https://sooperkanoon.com/case/1458343

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Citation: sooperkanoon.com/1458343
Court: Kerala High Court
Judge: Honourable Mr. Justice K.Haripal
Decided On: Jan 28, 2022
Case Number: Crl.MC/1804/2020

Parties & Advocates

Appellant / Petitioner

Vishnu

Respondent

State of Kerala

Excerpt

.....station have moved this court for quashing the proceedings in s.c.no441/2018 of the sessions court, pathanamthitta. the crime was registered on 13/02/2014 alleging offences punishable under sections 143, 147, 148, 283, 294(b), 427 and 308 read with section 149 of ipc against accused persons five in number. on completion of investigation, charge sheet was laid before the judicial first class magistrate, adoor alleging the above said offences where the case was taken on file as c.p.no.75 of 2014. later the petitioners, who are accused 1,2,3 and 5 appeared and their case was committed to the sessions court and now they face trial on the above counts.2. the allegation against the petitioners is that on13.2.2014 at 11.30 a.m., the accused persons had formed :-4-: themselves into an unlawfully assembly in adoor bypass, chased the vehicles run by cws.1 to 3, who are respondents 2 to 4 respectively and hurled stones at the lorry bearing reg. no.kl-55 m 1664 driven by cw1 and damaged the front glass and caused loss of rs.25,000/-. similarly, they had damaged the glass of the front left side glass of a car kl-02 ap 562 driven by the third respondent and caused him a loss of rs.2600/-, that damaged the front glass of the lorry bearing no.kl-36 d 375 driven by the fourth respondent and caused him a loss of rs.16,000/-; when granite pieces were hurled on cw1, had it hit him, and also if the glass pieces had hit him, that would have turned fatal. now the petitioners contend that the case is settled with the party respondents and the entire proceedings are sought to be quashed.3. i have heard the learned counsel for the petitioners andalso the learned senior public prosecutor. learned senior public prosecutor also confirmed the settlement reached between the :-5-: parties. it is pointed out that the case against accused nos.4 and 6 in the charge sheet has not been committed and stands transferred to the register of long pending cases before the magistrate.4. annexures 3,4 and 5.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL FRIDAY, THE 28TH DAY OF JANUARY 2022 / 8TH MAGHA, 1943 CRL.MC NO. 1804 OF 2020 [SC NO.441/2018 OF DISTRICT COURT& SESSIONS COURT,PATHANAMTHITTA] PETITIONERS/ACCUSED:
1 VISHNU AGED 26 YEARS S/O RAJAN, VISHNU NIVAS, KADAMPANADU VILLAGE, KADAMPANADU P.O.PATHANAMTHITTA DISTRICT. 2 VISHAK, AGED 25 YEARS S/O MURALEEDHARAN, THUNDIL VEEDU, KADAMPANADU , KADAMPANADU P.O.PATHANAMTHITTA DISTRICT. 3 AKHILKUMAR, AGED 33 YEARS S/O PRABHA, GOKULALAYAM VEEDU, KADAMPANADU P.O.KADAMPANADU,PATHANAMTHITTA DISTRICT. 4 RAHUL AGED 29 YEARS S/O RAVEENDRAKURUP, RAUL BHAVANAM VEEDU, THENGAMOM P.O.PALLICKAL VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV K.K.SETHUKUMAR
RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (SC 441 OF 2018 OF DISTRICT AND SESSION COURT PATHANAMTHITTA, PATHANAMTHITTA DISTRICT). 2 JAMAL MUHAMMED AGED 30 YEARS S/O ALIMUTHUVATTIL, MUTHUVATTIL KURUMBATHOOR VILLAGE, MANGALAM, MALAPPURAM DISTRICT. 3 NIDEESHKUMAR AGED 37 YEARS S/O SUDHEESHKUMAR , NIDEESH BHAVAN, ELAMPALLOOR VILLAGE, KOLLAM DISTRICT. :-2-: 4 SUDHEESH AGED 33 YEARS S/O VISWAMBHARAN, VELIYAMBRAYIL, MULAKKULAM VILLAGE, VAIKKOM, KOTTAYAM DISTRICT. BY ADV R.PRADEEP KUMAR OTHER PRESENT: SR.PP - SMT. SREEJA V. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.01.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:- :-3-:

O R D E R

Accused Nos.1,2,3 and 5 in Crime No.304/2014 of Adoor Police Station have moved this Court for quashing the proceedings in S.C.No441/2018 of the Sessions Court, Pathanamthitta. The crime was registered on 13/02/2014 alleging offences punishable under Sections 143, 147, 148, 283, 294(b), 427 and 308 read with Section 149 of IPC against accused persons five in number. On completion of investigation, charge sheet was laid before the Judicial First Class Magistrate, Adoor alleging the above said offences where the case was taken on file as C.P.No.75 of 2014. Later the petitioners, who are accused 1,2,3 and 5 appeared and their case was committed to the Sessions Court and now they face trial on the above counts.

2. The allegation against the petitioners is that on

13.2.2014 at 11.30 a.m., the accused persons had formed :-4-: themselves into an unlawfully assembly in Adoor Bypass, chased the vehicles run by CWs.1 to 3, who are respondents 2 to 4 respectively and hurled stones at the lorry bearing Reg. No.KL-55 M 1664 driven by CW1 and damaged the front glass and caused loss of Rs.25,000/-. Similarly, they had damaged the glass of the front left side glass of a car KL-02 AP 562 driven by the third respondent and caused him a loss of Rs.2600/-, that damaged the front glass of the lorry bearing No.KL-36 D 375 driven by the fourth respondent and caused him a loss of Rs.16,000/-; when granite pieces were hurled on CW1, had it hit him, and also if the glass pieces had hit him, that would have turned fatal. Now the petitioners contend that the case is settled with the party respondents and the entire proceedings are sought to be quashed.

3. I have heard the learned counsel for the petitioners and

also the learned Senior Public Prosecutor. Learned Senior Public Prosecutor also confirmed the settlement reached between the :-5-: parties. It is pointed out that the case against accused Nos.4 and 6 in the charge sheet has not been committed and stands transferred to the register of long pending cases before the Magistrate.

4. Annexures 3,4 and 5 affidavits of the party respondents

clearly indicate that the matter is settled and they do not want to pursue the proceedings. From the narration of the allegation, it is clear that the respondents did not suffer any injuries, even though the vehicles were damaged. Now they have condoned the acts of the petitioners. In the circumstances, in the absence of any public interest involved, the entire proceedings in S.C.No.441 of 2018 pending before the Sessions Court, Pathanamthitta are quashed and the petitioners shall stand exonerated. The CrlM.C. is allowed as above. sd/- K.HARIPAL, Judge MBS/ :-6-: APPENDIX OF CRL.MC 1804/2020 PETITIONER ANNEXURES ANNEXURE A1 CERTIFIED COPY OF CHARGE IN SC 441 OF 2018 OF DISTRICT & SESSIONS COURT, ANNEXURE A2 CERTIFIED COPY OF FIR IN CRM NO 304 OF 2014 OF ADOOR POLICE STATION ANNEXURE 3A AFFIDAVIT SWORN BY THE 2WND RESPONDENT/ DEFAVTO COMPLAINANT IN SC 441 OF 2018 OF DISTRICT & SESSIONS COURT, ANNEXURE A4 AFFIDAVIT SWORN BY THE 3RD RESPONDENT/VICTIM IN SC 441 OF 2018 OF DISTRICT & SESSIONS COURT, ANNEXURE A5 AFFIDAVIT SWORN BY THE 4TH RESPONDENT/ VICTIM IN SC 44 OF 2018 OF DISTRICT & SESSIONS COURT, PATHANAMTHITA

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