Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943 CRL.MC NO. 3640 OF 2021 (CRIME NO. 154 OF 2018 OF KOLLAM WEST POLICE STATION) AGAINST THE ORDER/JUDGMENT IN CC 397/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS - III (TEMPORARY SPECIAL COURT),KOLLAM, KOLLAM PETITIONERS/ACCUSED: 1 AROMEL AGED 27 YEARS S/O JAYAKUMAR, RESIDING AT ARATHIL PURAYIDAM, KUTTECHI VEETIL, KAIKULANGARA CHERRY, KANGATHU NAGAR, KOLLAM WEST VILLAGE, KOLLAM-691013. 2 MUHAMMED ALEEM AGED 26 YEARS S/O ABDUL AZEEZ, RESIDING AT ATTOOR VEEDU, PCNRA-73, PUNNATHALA CHERRY, KOLLAM WEST VILLAGE, KOLLAM-691013. 3 SACHIN AGED 24 YEARS S/O SURESH, RESIDING AT CHENANIL VEEDU, PCNRA-57, PUNNATHALA CHERRY, KOLLAM WEST VILLAGE, KOLLAM-691013. 4 AMAL G.PILLAI@AMAL AGED 22 YEARS S/O GOPAKUMAR, RESIDING AT GANESHA KRIPA VEEDU, ADHITHYA NAGAR-151, KANNIMELCHERRY, SAKTHIKULANGARA VILLAGE, KOLLAM-691012. BY ADV S.SREEKUMAR (KOLLAM) RESPONDENTS/STATE & DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM-682031. 2 STATION HOUSE OFFICER KOLLAM WEST POLICE STATION, KOLLAM DISTRICT-691013. 3 SOURAV AGED 20 YEARS S/O PRATHAPAN, BINDU NIVAS, TRA 189, THEVALLY P.O, KOLLAM WEST VILLAGE, KOLLAM-691009. BY ADV M.SREERANGA NADHAN SR.PP - SRI. RENJITH T.R. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
This petition is filed under Section 482 of the Cr.P.C seeking to quash the entire proceedings in Annexure-A1 FIR in Crime No.154 of 2018 of Kollam West Police Station, which was registered on 09.02.2018 alleging offence punishable under Sections 341, 323, 324 read with Section 34 of IPC., on the strength of the First Information Statement given by Sourav, the 3 rd respondent, who is the main injured in the occurrence.
2. Petitioners, four in number are the accused in the crime. The
alleged incident had happened on 07.02.2018 at 8.30 pm; it is alleged that the accused persons in furtherance of their common intentions had attacked and injured the 3rd respondent and his friends with a stick. On
conclusion of investigation charge sheet has been laid before the
Judicial First Class Magistrate Court-III, Kollam where the case is pending as CC No.397 of 2018.
3. Petitioners have moved this court for quashing the entire
proceedings on the ground that the dispute stands settled with the defacto complainant and other injured persons. In support of the contention they have produced the affidavits of the 3 rd respondent as well as the CWs 6 to 8 in the final report.
4. I have gone through the affidavits filed by the 3 rd respondent
and the other three injured persons namely Sourav, Aromal and Rahul G Kumar. The learned the counsel for the petitioners and also the learned Senior Public Prosecutor were heard.
5. It is eminently clear that the matter stands settled between
the parties. The offence alleged are minor in nature. There are reasons to think that it was a personal dispute between the parties and by settling the same out of Court, no public interest is hampered. Therefore, entire proceedings in CC No.397 of 2018 shall stand quashed and the petitioners shall stand exonerated. The Criminal Miscellaneous Case is allowed as above. Sd/- K.HARIPAL JUDGE RMV/17/09/2021 APPENDIX OF CRL.MC 3640/2021 PETITIONER ANNEXURE Annexure A1 THE TRUE COPY OF THE FIR NO.154 OF 2018 OF KOLLAM WEST POLICE STATION, DATED 09.02.2018. Annexure A2 THE TRUE COPY OF THE FINAL REPORT (CHARGE) IN C.C.NO.397/2018 OF THE JFMC-III(TEMPORARY) KOLLAM. Annexure A3 A TRUE COPY OF THE AFFIDAVIT DATED 09.08.2021 SWORN BY THE 3RD RESPONDENT (DE-FACTO COMPLAINANT) BEFORE THIS HON'BLE COURT. Annexure A5 A TRUE COPY OF THE AFFIDAVIT DATED 14.09.2021 SWORN BY
THE INJURED MR.ASHIK IN C.C. NO.397/2018 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III (TEMPORARY), KOLLAM BEFORE THIS HON'BLE COURT. Annexure A6 A TRUE COPY OF THE AFFIDAVIT DATED 14.09.2021 SWORN BY THE INJURED MR.MOHAMED THANFEES IN C.C.NO.397/2018 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT -III (TEMPORARY), KOLLAM BEFORE THIS HON'BLE COURT.