Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 16TH DAY OF JANUARY 2019 / 26TH POUSHA, Crl.MC.No. 404 of 2019 SC 1158/2017 OF ASSISTANT SESSIONS COURT, ATTINGAL CRIME NO. 783/2014 OF AYIRUR POLICE STATION, THIRUVANANTHAPURAM PETITIONER/S: SARATH AGED 25 YEARS S/O SIVAPRASAD, SHYAM MANDIRAM, KARIPPURAM DESOM, VENKULAM, EDAVA VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.P.N.SUKUMARAN SRI.AKHIL S.VISHNU RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY THE S.I OF POLICE, AYIRUR POLICE STATION, WHO IS REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2 RAJESH AGED 23 YEARS, S/O RAJAN, CHARUVILA VEETTILL, THOTTUMUGHAM, VENKULAM, EDAVA VILLAGE, ..2.. 3 AJI AGED 23 YEARS, S/O MURALI, CHARUVILA VEETTILL, THOTTUMUGHAM, VENKULAM, EDAVA VILLAGE, 4 SHYJU, AGED 25 YEARS, S/O SASI, KARIPPURAM MANGATTU, CHARUVILA VEETTILL, VENKULAM, EDAVA VILLAGE, 5 MANEESH AGED 25 YEARS, S/O MADHU, KARIPPURAM MAVILA VEETTIL, VENKULAM, EDAVA VILLAGE, OTHER PRESENT: SRI.C S . HRITHWIK SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16.01.2019 ALONG WITH Crl.MC.405/2019 & CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ..3..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY,THE 16TH DAY OF JANUARY 2019 / 26TH POUSHA, Crl.MC.No. 405 of 2019 SC 194/2018 OF ASSISTANT SESSIONS COURT, ATTINGAL CRIME NO. 783/2014 OF AIROOR POLICE STATION , THIRUVANANTHAPURAM PETITIONER/S: 1 PRASAD @ KANNAN, AGED 28 YEARS S/O SIVAN PILLAI KATTUVILA (H) NEAR KATTUVILA SAMSKARIKA KENDRAM, VENKULAM, EDAVA VILLAGE, THIRUVANANTHAPURAM DISTRICT 2 MANU, AGED 26 YEARS S/O THULASEEDHARAN, OLIPPUVILA, KARIPPURAM DESOM, VANKULAM,THRIUVANANTHAPURAM DISTRICT BY ADVS. SRI.P.N.SUKUMARAN SRI.AKHIL S.VISHNU RESPONDENT/S: ..4.. 1 STATE OF KERALA REPRESENTED BY THE S.I.OF POLICE, AYIRUR POLICE STATION, WHO IS REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERLA, ERNAKULAM
2 RAJESH AGED 23 YEARS S/O RAJAN, CHARUVILA VEETTIL, THOTTUMUGHAM,VENKULAM EDAVA VILLAGE,THIRUVANANTHAPURAM DISTRICT 695 003. 3 AJI AGED 23 YEARS S/O MURALI, CHARUVILA VEETTIL,THATTUMUGHAM, VENKULAM,.EDAVA VILLAGE, THIRUVANANTHAPURAM DISTRICT-695 003. 4 SHYJU, AGED 25 YEARS S/O SASI, KARIPPURAM MANGATTU, CHARUVILA VEETTIL, VENKULAM,EDAVA VILLAGE, THIRUVANANTHAPURAM DISTRICT-695 003. 5 MANEESH, AGED 25 YEARS S/O MADHU, KARIPPURAM MAVILA VEETTIL, VENKULAM,EDAVA VILLAGE, THIRUVANANTHAPURAM DISTRICT-695 003. BY ADV. SRI.JAISON JOSEPH OTHER PRESENT: SRI.C S . HRITHWIK SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16.01.2019 ALONG WITH Crl.MC.404/2019 & CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ..5..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY,THE 16TH DAY OF JANUARY 2019 / 26TH POUSHA, Crl.MC.No. 412 of 2019 SC 898/2017 OF ASSISTANT SESSIONS COURT, ATTINGAL CRIME NO. 783/2014 OF AIROOR POLICE STATION , THIRUVANANTHAPURAM PETITIONER/S: 1 SIVAPRASAD AGED 59 YEARS S/O.KUTTAPPAN PILLAI, SHYAM MANDIRAM, KARIPPURAM DESOM, VENKULAM, EDAVA VILLAGE, THIRUVANANTHAPURAM DISTRICT. 2 SARATH AGED 29 YEARS S/O.VIJAYAKUMAR, CV BHAVAN NEAR KATTUVILA SAMSKARIKA KENDRAM, VENKULAM, THIRUVANANTHAPURAM DISTRICT. 3 ARUN AGED 24 YEARS S/O.MURALEEDHARAN NAIR, SARASWATHY MANDIRAM, KARIPPURAM VALLABHANNINNAVILA VENKULAM, EDAVA VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.P.N.SUKUMARAN SRI.AKHIL S.VISHNU ..6.. RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY THE S.I. OF POLICE, AYIRUR POLICE STATION, WHO IS REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KEALA, ERNAKULAM.
2 RAJESH AGED 23 YEARS S/O.RAJAN, CHARUVILA VEETTIL, THOTTUMUGHAM, VENKULAM, EDAVA VILLAGE, THIRUVANANTHAPURAM- 695003. 3 AJI AGED 23 YEARS S/O.MURALI, CHARUVILA VEETTIL, THOTTUMUGHAM, VENKULAM, EDAVA VILLAGE, THIRUVANANTHAPURAM DISTRICT-695003. 4 SHYJU AGED 35 YEARS S/O.SASI, KARIPPURAM MANGATTU, CHARUVILA VEETTIL, VENKULAM, EDAVA VILLAGE, THIRUVANANTHAPURAM DISTRICT-695003. 5 MANEESH AGED 25 YEARS S/O.MADHU, KARIPPURAM MAVILA VEETTIL, VENKULAM EDAVA VILLAGE, THIRUVANANTHAPURAM DISTRICT- 695003. OTHER PRESENT: SRI.C S . HRITHWIK SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16.01.2019 ALONG WITH Crl.MC.404/2019 & CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ..7..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY,THE 16TH DAY OF JANUARY 2019 / 26TH POUSHA, Crl.MC.No. 424 of 2019 SC 899/2017 OF ASSISTANT SESSIONS COURT, ATTINGAL CRIME NO. 783/2014 OF AIROOR POLICE STATION , THIRUVANANTHAPURAM PETITIONER/S: 1 ANU AGED 24 YEARS S/O THULASEEDHARAN, OLIPPUVILA(H), KARIPPURAM DESOM, VENKULAM, EDAVA VILLAGE, THIRUVANANTHAPURAM DISTRICT. 2 SARATH AGED 27 YEARS S/O SARANGADHARAN, SR NIVAS, KARIPPURAM, VENKULAM, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.P.N.SUKUMARAN RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY THE S.I. OF POLICE AYIRUR POLICE STATION, WHO IS REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
..8.. 2 RAJESH AGED 26 YEARS, S/O RAJAN, CHARUVILA VEETTIL, THOTTUMUGHAM, VENKULAM, EDAVA VILLAGE, 3 AJI AGED 26 YEARS, S/O MURALI, CHARUVILA VEETTIL, THOTTUMUGHAM, VENKULAM, EDAVA VILLAGE, 4 SHYJU AGED 28 YEARS, S/O SASI, KARIPPURAM MANGATTU, CHARUVILA VEETTIL, VENKULAM, EDAVA VILLAGE, 5 MANEESH AGED 28 YEARS, S/O MADHU, KARIPPURAM MAVILA VEETTIL, VENKULAM, EDAVA VILLAGE, BY ADV. SRI.JAISON JOSEPH OTHER PRESENT: SRI.C S . HRITHWIK SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16.01.2019 ALONG WITH Crl.MC.404/2019 & CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ..9.. ------------------------------------- Crl.M.C. NOS. 404, 405, 412 & 424 OF 2019 -------------------------------------
ORDER
Petitions filed under Section 482 Cr.P.C.
2. Petitioners are the accused in Crime No. 783
of 2014 of Ayirur Police Station registered for the offences under Sections 143, 147, 148, 308, 323 & 324 r/w Section 149 of the Indian Penal Code. Committal order was passed in different committal proceedings. So, the cases are pending in the Court of the Assistant Sessions Judge, Attingal as SC Nos. 898/2017, respondents are the victims. It is submitted that the matter has been settled and the proceedings in the criminal case may be quashed.
3. Heard the learned counsel for the petitioners ..10.. and the party respondents and the learned Public Prosecutor.
4. I have perused the affidavits filed by the
party respondent, who have entered appearance through counsel. I am satisfied that the allegation of settlement is true and no public interest is involved. There is no impediment for granting the prayer of the petitioners. In the result, these Crl.M.C.s are allowed. The proceedings in SC Nos. 898/2017, 899/2017, of the Assistant Sessions Judge, Attingal are quashed. The trial court may pass appropriate orders for the disposal of the material objects, if any, produced in the case. Sd/- K.ABRAHAM MATHEW JUDGE Bka/16.01.2019 ..11.. APPENDIX OF Crl.MC 404/2019 PETITIONER'S/S EXHIBITS: ANNEXURE-1: TRUE COPY OF THE FINAL REPORT IN SC NO. 1158/2017 OF ASST. SESSIONS COURT, ATTINGAL. ANNEXURE-2: AFFIDAVIT SWORN BY THE SECOND ANNEXURE-3: AFFIDAVIT SWORN BY THE THIRD ANNEXURE-4: AFFIDAVIT SWORN BY THE FOURTH ANNEXURE-5: AFFIDAVIT SWORN BY THE FIFTH ..12.. APPENDIX OF Crl.MC 405/2019 PETITIONER'S/S EXHIBITS: ANNEXURE 1 TRUE COPY OF THE FINAL REPORT IN SC NO ATTINGAL. ANNEXURE 2 AFFIDAVIT SWORN BY THE SECOND RESPONDENT ANNEXURE 3 AFFIDAVIT SWORN BY THE THIRD RESPONDENT ANNEXURE 4 AFFIDAVIT SWORN BY THE FOURTH RESPONDENT ANNEXURE 5 AFFIDAVIT SWORN BY THE FIFTH RESPONDENT ..13.. APPENDIX OF Crl.MC 412/2019 PETITIONER'S/S EXHIBITS: ANNEXURE 1 TRUE COPY OF THE FINAL REPORT IN SC.NO.898/2017 OF ASST.SESSIONS COURT, ATTINGAL. ANNEXURE 2 AFFIDAVIT SWORN BY THE SECOND ANNEXURE 3 AFFIDAVIT SWORN BY THE THIRD ANNEXURE 4 AFFIDAVIT SWORN BY THE FOURTH ANNEXURE 5 AFFIDAVIT SWORN BY THE FIFTH ..14.. APPENDIX OF Crl.MC 424/2019 PETITIONER'S/S EXHIBITS: ANNEXURE 1: TRUE COPY OF THE FINAL REPORT IN SC NO.899/2017 OF ASST.SESSIONS COURT, ATTINGAL. ANNEXURE 2: AFFIDAVIT SWORN BY THE SECOND ANNEXURE 3: AFFIDAVIT SWORN BY THE THIRD ANNEXURE 4: AFFIDAVIT SWORN BY THE FOURTH ANNEXURE 5: AFFIDAVIT SWORN BY THE FIFTH