Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL FRIDAY, THE 1ST DAY OF APRIL 2022 / 11TH CHAITHRA, 1944 CRL.MC NO. 2004 OF 2021 LP 6/2018 OF CHIEF JUDICIAL MAGISTRATE COURT,THIRUVANANTHAPURAM CRIME NO. 641/2011 OF VALIYATHURA POLICE STATION, THIRUVANANTHAPURAM PETITIONER/ACCUSED NO. 2: SAMSON AGED 29 YEARS S/O. PANKRIYA, RESIDING AT T.C 78/310, THYVILAKOM HOUSE, KANNANTHURA, BEACH P.O, THIRUVANANTHAPURAM 695 007 BY ADV V.S.THOSHIN RESPONDENTS/STATE/DEFACTO COMPLAINANT: 1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031 2 THE SHO VALIYATHURA POLICE STATION, VALIYATHURA, THIRUVANANTHAPURAM DISTRICT 695 008
3 SHIBU AGED 45 YEARS S/O. JOSEPH, RESIDING AT KOOTTUMEEL PURAYIDAM VEEDU., T.C NO 33/356, NEAR NIRMALA HOSPITAL, VETTUCAUD, KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM 695 021 4 BENNY AGED 40 YEARS S/O. EDWARD, RESIDING AT T.C. NO 33/556, BACK OF NIRMALA HOSPITAL, VETTUCAUD WARD, KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM 695 021 Crl.M.C.No.2004 OF 2021 2 5 JOY AGED 40 YEARS S/O. JOSEPH, RESIDING AT T.C NO. 80/623, NEAR TITANIUM, VETTUCAUD, KADAKAMPALLI VILLAGE, THIRUVANANTHAPURAM 695 021.
R1 & R2 BY SRI.C.S.HRITHWIK R3 TO R5 BY ADV.SREEJITH S.NAIR THIS CRIMINAL MISC.CASE HAVING COME UP FOR ADMISSION ON 01.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.No.2004 OF 2021 3
ORDER
Petitioner is the second accused in Crime No. 641/2011 of Valiyathura police station registered on 16.08.2011 alleging offences under Sections 143, 147, 148, 323, 324, 294(b) read with 149 of the Indian Penal Code. There are six accused in the crime. On conclusion of investigation, charge sheet was laid before the Chief Judicial Magistrate’s Court, Thiruvananthapuram where the accused were summoned. The learned counsel for the petitioner submits that now the matter has been settled with the party respondents 3 to 5 and therefore, entire proceedings are sought to be quashed. According to him, case against accused Nos. 1 and 4 in C.C. No. 469/2018 stands quashed by this Court in Annexure B order in Crl.M.C. No.
2. The learned Senior Public Prosecutor has confirmed the settlement reached by the petitioner with respondents 3 to Crl.M.C.No.2004 OF 2021 4
5. Moreover, respondents 3 to 5 who are the injured have filed supporting affidavits also stating that the matter is settled, that they do not want to continue the proceedings.
3. The allegation against the accused persons is that on
15.08.2011 at 20.30 hours, they had formed an unlawful assembly and in prosecution of their common object manhandled and injured CWs 1 to 3 in the charge sheet; CWs 1 and 2 were assaulted using granite pieces. It does not seem that respondents 3 to 5 have suffered serious injuries in the occurrence.
4. From Annexure B judgment itself it is clear that
some of the accused were convicted in C.C. No. 45/2012 and now the case against the petitioner stands refiled as C.C. No. 5 have condoned the acts of the petitioners. In the nature of the allegations, no public interest is involved so that there is no legal impediment in quashing the proceedings.
5. Therefore, entire proceedings in C.C. No. 71/2021
pending before the Chief Judicial Magistrate’s Court, Crl.M.C.No.2004 OF 2021 5 Thiruvananthapuram are quashed and the petitioner shall stand exonerated. The Crl. M.C. is allowed as above. SD/- K.HARIPAL JUDGE DCS/01.04.2022 Crl.M.C.No.2004 OF 2021 6 APPENDIX PETITIONER'S ANNEXURE ANNEXURE A THE TRUE COPY OF THE FIR IN CRIME NO. THIRUVANANTHAPURAM. ANNEXURE B THE TRUE COPY OF THE JUDGMENT IN CRL.M.C NO. 3410/2019 OF THIS HON'BLE COURT DATED 16-12-2019 ANNEXURE C THE CERTFIED COPY OF THE FINAL REPORT IN L.P NO. 6/2018 PENDING BEFORE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM. ANNEXURE D THE TRUE COPY OF THE COMPROMISE AFFIDAVIT OF THE 3RD RESPONDENT/DEFACTO COMPLAINANT ANNEXURE E THE TRUE COPY OF THE COMPROMISE AFFDIAVIT OF THE 4TH RESPONDENT/INJURED ANNEXURE F THE TRUE COPY OF THE COMPROMISE AFFIDAVIT OF THE 5TH RESPONDENT/INJURED.