Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR THURSDAY,THE 31ST DAY OF JANUARY 2019 / 11TH MAGHA, 1940 AGAINST THE ORDER/JUDGMENT IN LP 19/2015 of PRINCIPAL ASST.SESSIONS COURT,THRISSUR CRIME NO. 79/2011 OF Vadanappally Police Station , Thrissur PETITIONER/S:
SREEJITH, AGED 28 YEARS S/O. SREEKUMAR, AARUKETTY HOUSE, VADANAPPILLY BEACH P.O., VADANAPPILLY, THRISSUR DISTRICT. BY ADV. SRI.P.RAMACHANDRAN RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2 THANOOB.P.A.,AGED 28 YEARS S/O. PUZHANGARAYILLATH VEETTIL ABOOBACKER, PUZHANGARAYILLATH HOUSE, FAROOK NAGAR, VADANAPPILLY, THRISSUR DISTRICT. 3 NAZEER A.M.,AGED 40 YEARS S/O. MUHAMMED, ARAKKAVEETTIL HOSUE, FAROOK NAGAR, VADANAPPILLY, THRISSUR DISTRICT. BY ADV. SRI.P.K.SAJEEV OTHER PRESENT: PP. SMT. V. SREEJA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -2-
ORDER
The petitioner is the accused in Crime No.79 of 2011 of Vadanappilly Police Station registered for the offences punishable under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 IPC.
2. Heard.
3. The respondent Nos.2 and 3 are the injured in this case, who filed separate affidavit stating that the matter has been settled and hence, they have no further grievance against the petitioner.
4. The learned Public Prosecutor, on instructions, has
submitted that the matter has been settled. Annexure - II is the judgment of the trial court in S.C. No.789 of 2011, which would show that the other accused, who faced the trial, had been acquitted by the court below under Section 232 Cr.P.C. and the case against the petitioner was split-up. -3-
The case against the petitioner is presently pending as L.P. No.19 of 2015 before the court below. It appears from Annexure - II that the substratum of the prosecution case had been lost in the trial of the other accused. The injured persons in this case filed separate affidavit stating that the dispute has been settled and hence, they have no further grievance against the petitioners. In the said circumstances, no purpose will be served even if the prosecution against
the petitioner is permitted to be continued. Therefore, I am inclined to quash the final report and further proceedings against the petitioner in L.P. No.19 of 2015 on the files of the court below, in exercise of the inherent power under Section 482 Cr.P.C., to meet the ends of justice. It is ordered accordingly. In the result, this Crl.M.C. stands allowed. Dated this the 31st day of January 2019. sd B. SUDHEENDRA KUMAR, JUDGE. dl/ -4- APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE I TRUE COPY OF THE FINAL REPORT IN CRIME NO.79/2011 OF VADANAPPILLY POLICE STATION SUBMITTED BY THE SUB INSPECTOR OF POLICE, VADANAPPILLY BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVAKKAD.
ANNEXURE II CERTIFIED COPY OF THE JUDGMENT DATED 12.10.2017 IN S.C.NO.789/2011 ON THE FILE OF THE COURT OF PRINCIPAL ANNEXURE III TRUE COPY OF THE DEPOSITION OF PW1 IN S.C.NO.789/2011 ON THE FILE OF COURT OF PRINCIPAL ASSISTANT SESSIONS JUDGE, THRISSUR. ANNEXURE IV TRUE COPY OF THE TRUE COPY OF THE DEPOSITION OF PW2 IN S.C.NO.789/2011 ON SESSIONS JUDGE, THRISSUR. ANNEXURE V TRUE COPY OF THE TRUE COPY OF THE DEPOSITION OF PW3 IN S.C.NO.789/2011 ON ANNEXURE VI AFFIDVIT OF THE 2ND RESPONDENT DATED ANNEXURE VII AFFIDAVIT OF THE 3RD RESPONDENT DATED RESPONDENT'S/S EXHIBITS : NIL