Kerala High Court
Maneesh vs State Of Kerala on 28 March, 2017
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY,THE 28TH DAY OF MARCH 2017/7TH CHAITHRA, 1939
Crl.MC.No. 2019 of 2017 ()
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LP.NO. 22/2016 OF ADDL.CHIEF JUDICIAL MAGISTRATE COURT,
THIRUVANANTHAPURAM
CRIME NO. 593/2009 OF MECICAL COLLEGE POLICE STATION ,
THIRUVANANTHAPURAM DISTRICT
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PETITIONER(S)/ACCUSED:
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1. MANEESH,
S/O.GAYAFIRKHAN,
AGED 30 YEARS, M.A.VILLA,
SREENIVASAPURAM, VARKALA.
2. SOORAJ, S/O.SUKANYA,
AGED 27 YEARS, SARADAS VEEDU,
SREENIVASAPURAM, VARKALA.
BY ADV. SRI.MANSOOR.B.H.
RESPONDENT(S)/STATE & DEFACTO COMPLAINANT/INJURED:
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1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
THROUGH STATION HOUSE OFFICER,
MEDICAL COLLEGE POLICE STATION,
THIRUVANANTHAPURAM.
2. JAYAPRAKASH,
S/O.SOMAN, AGED 53 YEARS,
THANKARI VEEDU,
NEAR VARKALA RAILWAY STATION,
MUNDAYIL DESOM, VARKALA.
R1 BY PUBLIC PROSECUTOR SRI.AMJAD ALI
R2 BY ADV. SRI.ARUN CHANDRAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 28-03-2017, ALONG WITH CRL.MC.NO. 2021/2017 AND CONNECTED
CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
Crl.MC.No. 2019 of 2017 ()
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APPENDIX
PETITIONER(S)' ANNEXURES:
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ANNEXURE A CERTIFIED COPY OF FINAL REPORT IN CRIME NO.593/2009 OF
MEDICAL COLLEGE POLICE STATION
ANNEXURE B AFFIDAVIT OF SETTLEMENT FILED BY THE DEFACTO
COMPLAINANT/SECOND RESPONDENT
RESPONDENT(S)' ANNEXURES: NIL
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/TRUE COPY/
P.A.TO JUDGE
sts
SUNIL THOMAS, J.
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Crl.M.C.Nos.2019, 2021, 2022 & 2023 of 2017
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Dated this the 28th day of March, 2017
ORDER
Crl.M.Cs 2019/2017 & 2023/2017 arises from Crime No.593/2009 of Medical College Police Station, Thiruvananthapuram District for offences punishable under sections 341, 323 read with section 34 of the Indian Penal Code.
2. It was alleged by the prosecution that the accused on 29.08.2009 at 10.45 pm, wrongfully restrained the defacto complainant and caused bodily injuries on him. Crime was registered and after investigation, final report was laid and the matter is now pending as CC.No.1012/2016 as against the petitioner in Crl.M.C.No.2023/2017. Two other accused had not initially participated and the case against them is now pending as LP.No.22/2016.
3. Crl.M.C.No.2021/2017 arises from Crime No.702/2009 of Medical College Police Station, Thiruvananthapuram District for offences punishable Crl.M.C.Nos.2019, 2021, 2022 & 2023 of 2017 2 under sections 294(b), 323 and 324 of the Indian Penal Code. It was alleged by the prosecution that on 29.8.2009 at 10.45 pm, the accused attacked the defacto complainant abused him using filthy language. Crime was registered and after investigation final report was laid and the matter is now pending as CC.No.429/2011 on the files of the Judicial First Class Magistrate Court, Varkala.
4. Crl.M.C.No.2022/2017 arises from Crime No.703/2009 of Varkala Police Station, Thiruvananthapuram District for offences punishable under sections 143, 147, 148, 341, 323, 324, 326 read with 149 of the Indian Penal Code. It was alleged by the prosecution that on 29.8.2009 at 5 pm, the accused due to previous enmity formed into an unlawful assembly and attacked the defacto complainant, armed with sticks resulting in loss of two teeth. Crime was registered and after investigation final report was laid and the matter is now pending as CC.No.522/2012 on the files of the Judicial First Class Magistrate Court, Varkala.
5. The case of the petitioners and the respondents Crl.M.C.Nos.2019, 2021, 2022 & 2023 of 2017 3 is that, Crime Nos.702/2009 & 703/2009 are case and counter case and all incidents arose out of a chain of the incident, in which the accused allegedly inflicted injury on the defacto complainant. It was also pointed out that the parties to the above Crl.M.Cs are the common.
6. The contention of the petitioners in each case is that, all the parties are common and they have resolved their disputes with the respective defacto complainants. Separate affidavits have been filed in each Crl.M.C reiterating the settlement of the relevant case. The learned counsel for the respondents in all the cases reiterated the settlement on the strength of the above affidavits. The learned Public prosecutor on instructions submitted that the petitioners are not involved in any other case than the present cases and submitted that the cases have been reported to be settled between the parties. Having considered these facts, I am inclined to hold that the Crl.M.Cs are liable to be allowed, considering the settlement and also the nature of allegations raised against the respective petitioners Crl.M.C.Nos.2019, 2021, 2022 & 2023 of 2017 4 herein. Having considered these facts, I am inclined to invoke the jurisdiction under section 482 Cr.P.C to quash the entire proceedings.
In the result, Crl.M.Cs are allowed. All further proceedings in LP.No.22/2016 & CC.No.1012/2016 on the files of the Judicial First Class Magistrate Court, Thiruvananthapuram arising from Crime No.593/2009 of Medical College police station, and CC.No.429/2011 on the files of the Judicial First Class Magistrate Court, Varkala arsing from crime No.702/2009 of Varkala police station and CC.No.522/2012 on the files of the Judicial First Class Magistrate Court, Varkala arising from Crime No.703/2009 of Varkala police station against the petitioners herein stand quashed.
Sd/-
SUNIL THOMAS, JUDGE R.AV //True Copy// PA to Judge