Alan Eapen vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 30, 2021

~4 min read

https://sooperkanoon.com/case/1649086

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1649086
Court: Kerala High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: Jul 30, 2021
Case Number: Crl.MC/2979/2021

Parties & Advocates

Appellant / Petitioner

Alan Eapen

Respondent

State of Kerala

Excerpt

.....pending as s.c. no.279/2019 on the files of the district & sessions court, paravoor for having allegedly committed the offences punishable under sections 143, 148, 341, 323, 324,326, 307 read with section 149 of the ipc.2. the injured and the defacto complainantare respondents 2 to 5. the petitioners stated that the matter has been amicably settled with the party respondents and that they have no crl.mc.no.2979 of 2021 4 objection in quashing the proceedings against the petitioners.3. the learned public prosecutor has alsoreceived instructions regarding the genuineness of the settlement. the petitioners have no criminal antecedents. even though, offences under section 307 and 326 are incorporated, the a fracture is to his left arm of one of the witnesses and there is no head injury or other grievous injuries. in view of the fact that the injured have no objection against the petitioners, no purpose will be served by proceeding with the trial against the petitioners. in the result, the crl.m.c is allowed. the entire proceedings as against the petitioners in crime no.2345/2017 of aluva east police station presently pending as s.c.no.729/2019 on the files of the district & crl.mc.no.2979 of 2021 5 sessions court, paravoor stands quashed under section 482 of the crpc and the accused are discharged and set at liberty. sd/- ashok menon judge al/- continued at page no.6 crl.mc.no.2979 of 2021 6 the sessions case number and court name occurring as “s.c. no.279/2019 on the files of the district & sessions court, paravoor” in the 3rd and 4th lines of the first paragraph and occurring as “s.c.no.729/2019 on the files of the district & sessions court, paravoor” in the 5th and 6th lines of the last paragraph of the final order dated and substituted as “s.c.no.726/2019 on the files of the additional district and sessions court-i, north paravur”, as per order dated 24th september 2021 in crl.m.a.3/2021 in crl.m.c.2979/2021. sd/- deputy registrar.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943 CRL.MC NO. 2979 OF 2021 AGAINST THE ORDER/JUDGMENT IN SC 729/2019 OF DISTRICT AND SESSIONS COURT, NORTH PARAVUR, ERNAKULAM IN CRIME NO. 2345/2017OF ALUVA EAST POLICE STATION. PETITIONERS/ACCUSED NOS.1,2,4,5,6,7:
1 ALAN EAPEN S/O. EAPEN THOMAS, KIZHAKKEPARAMBIL HOUSE, QUARTERS NO.1/E, KWA, ALUVA, ERNAKULAM. 2 ANEESH ANTONY, AGED 29 YEARS S/O. ANTONY K.J., KALLARAKKAL HOUSE, MUPPATHADAM P.O., ALUVA, PIN- 683110. 3 ACHU @ ARAVIND V.S., AGED 26 YEARS S/O. SAJEEVAN V.V., VELIYATH HOUSE, EDAYAPPURAM, ALUVA P.O. 4 JITHIN K. DIVAKARAN, AGED 29 YEARS DIVAKARAN K.K., KANNIKKAMALIL, MUPPATHADAM P.O., ALUVA-683110. 5 ALFIN RAJAN K., S/O. RAJAN JOSEPH, KANDATHIL VEEDU, NEAR ZENATH THEATRE, UMMANKUZHITHADAM, ALUVA WEST VILLAGE. 6 JITHIN JOSEPH, AGED 26 YEARS S/O. JOSEPH K.A., KATTIPPARAMBIL HOUSE, MUPPATHADAM P.O., ALUVA. BY ADV P.V.ANILKUMAR
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2 MITHILAJ S/O. MUJEEB, KAMBIVELIKKAKATH HOUSE, KANGARAPADY KARA, THRIKKAKKARA NORTH VILLAGE, ERNAKULAM, PIN-682021. 3 NIYAS S/O. SAKEER HUSSAIN, PRESENTLY RESIDING AT REEHA APARTMENT, FLAT NO.9, MAROTTICHUVADU, EDAPPALLY, ERNAKULAM, PIN-682024. 4 AMRITHARAJ AGED 22 YEARS S/O. SUJITH, KOZHIPURATH VEETTIL, KANGARAPADY KARA, NEAR S.N.D.P. TEMPLE, THRIKKAKARA NORTH VILLAGE-682021.
Crl.MC.No.2979 OF 2021 2 5 SUBIN S/O. SOORAJ, PLASSERIPARAMBIL HOUSE, KANGARAPADY KARA, NEAR S.N.D.P. TEMPLE, THRIKKAKARA NORTH VILLAGE-682021. BY ADV D.SARITHA

OTHER PRESENT: SRI.C.S.HRITHWIK, SR.PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.07.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: “S.C. No.729/2019 of District and Sessions Court, Paravoor” occurring in the cause title of the Crl.M.C.2979/2021 is corrected and substituted as “SC No.726/2019 of Additional District and Sessions Court- I, North Paravur” as per order dated 2nd September 2021 in Crl.M.A.3/2021 in Crl.M.C.2979/2021. Sd/- Assistant Registrar Crl.MC.No.2979 OF 2021 3

O R D E R

Dated this the 30th day of July 2021 The petitioners are accused Nos. 6 and 8 in Crime No.2345/2017 of Aluva East Police Station presently pending as S.C. No.279/2019 on the files of the District & Sessions Court, Paravoor for having allegedly committed the offences punishable under Sections 143, 148, 341, 323, 324,326, 307 read with Section 149 of the IPC.

2. The injured and the defacto complainant

are respondents 2 to 5. The petitioners stated that the matter has been amicably settled with the party respondents and that they have no Crl.MC.No.2979 OF 2021 4 objection in quashing the proceedings against the petitioners.

3. The learned Public Prosecutor has also

received instructions regarding the genuineness of the settlement. The petitioners have no criminal antecedents. Even though, offences under Section 307 and 326 are incorporated, the a fracture is to his left arm of one of the witnesses and there is no head injury or other grievous injuries. In view of the fact that the injured have no objection against the petitioners, no purpose will be served by proceeding with the trial against the petitioners. In the result, the Crl.M.C is allowed. The entire proceedings as against the petitioners in Crime No.2345/2017 of Aluva East Police Station presently pending as S.C.No.729/2019 on the files of the District & Crl.MC.No.2979 OF 2021 5 Sessions Court, Paravoor stands quashed under Section 482 of the CRPC and the accused are discharged and set at liberty. Sd/- ASHOK MENON JUDGE al/- Continued at page No.6 Crl.MC.No.2979 OF 2021 6 The Sessions Case number and Court name occurring as “S.C. No.279/2019 on the files of the District & Sessions Court, Paravoor” in the 3rd and 4th lines of the first paragraph and occurring as “S.C.No.729/2019 on the files of the District & Sessions Court, Paravoor” in the 5th and 6th lines of the last paragraph of the Final Order dated and substituted as “S.C.No.726/2019 on the files of the Additional District and Sessions Court-I, North Paravur”, as per order dated 24th September 2021 in Crl.M.A.3/2021 in Crl.M.C.2979/2021. Sd/- Deputy Registrar Crl.MC.No.2979 OF 2021 7 APPENDIX OF CRL.MC 2979/2021 PETITIONER ANNEXURE Annexure A1 TRUE COPY OF DEATH CERTIFICATE OF ACCUSED NO.3 DATED 15.7.2019. Annexure A2 THE CERTIFIED COPY OF CHARGE SHEET IN F.I.R.NO.2345/17 OF ALUVA EAST POLICE STATION.

Annexure A3           THE ORIGINAL OF THE AFFIDAVIT OF RESPONDENT NO.2.
Annexure A4           ORIGINAL OF THE AFFIDAVIT OF THE RESPONDENT NO.3.
Annexure A5           ORIGINAL OF THE AFFIDAVIT OF THE RESPONDENT NO.4.
Annexure A6           ORIGINAL OF THE AFFIDAVIT OF THE RESPONDENT NO.5.

RESPONDENTS EXHIBITS : NIL TRUE COPY P.S TO JUDGE AL/-

Same Court & Year Kerala · 2021 Same Parties Alan Eapen vs State of Kerala Same Judge Honourable Mr. Justice Ashok Menon