Basil Eldhose, vs State of Kerala,

Type Court Judgment Court Kerala Decided Nov 30, 2021

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https://sooperkanoon.com/case/1663622

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Citation: sooperkanoon.com/1663622
Court: Kerala High Court
Judge: Honourable Mr. Justice K.Haripal
Decided On: Nov 30, 2021
Case Number: Crl.MC/3704/2021

Parties & Advocates

Appellant / Petitioner

Basil Eldhose,

Respondent

State of Kerala,

Excerpt

.....the following:orderpetitioners are the accused in crime no. 881 of 2021 of oonnukal police station, registered on 25.07.2021 alleging offence punishable under sections 341, 294(b), 308 read with section 34 of the ipc.2. going by annexure-a1 fir, on 22.07.2021 at 6 pm, the2nd accused had restrained the de facto complainant, then the 1 st accused abused him and hit him with a granite piece on his head and caused him injuries. now the petitioners have moved this court under section 482 of the cr.p.c. contending that the matter is settled and the 3rd respondent, the injured does not want to pursue the proceedings.3. i heard the learned counsel for the petitioners, the learned counsel for the 3rd respondent, and also the learned public prosecutor.4. the matter is still under the stage of investigation. thelearned public prosecutor has submitted that the 2nd respondent has been deleted from the array of the accused and the 1 st petitioner alone is shown as the accused. annexure-a2 affidavit indicates that the 3rd respondent has no further grievance against the petitioners; according him, the case was the outcome of some misunderstanding between the parties, that he has no objection in quashing the proceedings.5. it does not seem that the 3 rd respondent had sustained anyserious injuries in the occurrence, despite the fact that section 308 of the ipc has been incorporated. the 2nd petitioner has been removed from the array of parties. in the light of the specific averment of the 3rd respondent, all further proceedings in crime no. 881 of 2021 of oonnukal police station against the 1 st petitioner are quashed.the criminal miscellaneous case is allowed as above. sd/- k. haripal judge rmv/30/11/2021 appendix of crl.mc 3704/2021 petitioner annexure annexure a1 the true copy of fir in crime no. 881/2021 of oonnukal police station. annexure a2 the affidavit sworn by the de-facto complainant binu p.c, dated 04.08.2021.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943 CRL.MC NO. 3704 OF 2021 (CRIME NO.881/2021 OF OONNUKAL POLICE STATION) PETITIONERS/ACCUSED 1&2: 1 BASIL ELDHOSE, AGED 34 YEARS S/O. ELDHOSE, VILAYANICKAL HOUSE, THALAKODE P.O, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. 2 JOBY SCARIA, S/O. SCARIA, KODICHALIL HOUSE, THALAKODE P.O, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. BY ADVS. PEEYUS A.KOTTAM HRITHWIK D. NAMBOOTHIRI RESPONDENTS/STATE & DE-FACTO COMPLAINANT:

1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031 2 INSPECTOR OF POLICE, OONNUKAL POLICE STATION, ERNAKULAM DISTRICT, PIN-686 691 (INVESTIGATING OFFICER IN CRIME NO. 881/2021 OF OONNUKAL POLICE STATION). 3 BINU P.C., S/O. CHACKOCHAN, PULIMOOTTIL HOUSE, PUTHENKURIZ, PIRAKUNNAM KARA, NERIAMANGALAM VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT, PIN-686 693 BY ADV ARJUN S BENEDICT

OTHER PRESENT: ADV.M.C.ASHI (PP) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Petitioners are the accused in Crime No. 881 of 2021 of Oonnukal police station, registered on 25.07.2021 alleging offence punishable under Sections 341, 294(b), 308 read with Section 34 of the IPC.

2. Going by Annexure-A1 FIR, on 22.07.2021 at 6 pm, the

2nd accused had restrained the de facto complainant, then the 1 st accused abused him and hit him with a granite piece on his head and caused him injuries. Now the petitioners have moved this Court under Section 482 of the Cr.P.C. contending that the matter is settled and the 3rd respondent, the injured does not want to pursue the proceedings.

3. I heard the learned counsel for the petitioners, the learned counsel for the 3rd respondent, and also the learned public prosecutor.

4. The matter is still under the stage of investigation. The

learned Public Prosecutor has submitted that the 2nd respondent has been deleted from the array of the accused and the 1 st petitioner alone is shown as the accused. Annexure-A2 affidavit indicates that the 3rd respondent has no further grievance against the petitioners; according him, the case was the outcome of some misunderstanding between the parties, that he has no objection in quashing the proceedings.

5. It does not seem that the 3 rd respondent had sustained any

serious injuries in the occurrence, despite the fact that Section 308 of the IPC has been incorporated. The 2nd petitioner has been removed from the array of parties. In the light of the specific averment of the 3rd respondent, all further proceedings in Crime No. 881 of 2021 of Oonnukal police station against the 1 st petitioner are quashed.

The Criminal Miscellaneous Case is allowed as above. Sd/- K. HARIPAL JUDGE RMV/30/11/2021 APPENDIX OF CRL.MC 3704/2021 PETITIONER ANNEXURE Annexure A1 THE TRUE COPY OF FIR IN CRIME NO. 881/2021 OF OONNUKAL POLICE STATION. Annexure A2 THE AFFIDAVIT SWORN BY THE DE-FACTO COMPLAINANT BINU P.C, DATED 04.08.2021.

Same Court & Year Kerala · 2021 Same Parties Basil Eldhose, vs State of Kerala, Same Judge Honourable Mr. Justice K.Haripal