Kerala High Court
Deepuraj vs State Of Kerala on 11 December, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:94785
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 11TH DAY OF DECEMBER 2024/20TH AGRAHAYANA, 1946
CRL.MC NO. 9817 OF 2024
CRIME NO.1783/2015 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT IN SC NO.1693 OF 2017 OF ASSISTANT
SESSIONS COURT/ADDITIONAL SUB COURT, ATTINGAL
PETITIONERS/ACCUSED 1 TO 6:
1 DEEPURAJ
AGED 34 YEARS, S/O PUSHPARAJAN,
NEITHUSALA KOTTASSERI HOUSE, DARSANAVATTAM,
NAGAROOR VILLAGE, ATTINGAL,
THIRUVANANTHAPURAM DISTRICT,
PIN - 695101
2 MAHESH
AGED 36 YEARS, S/O MURALI ACHARI,
KRISHNALAYAM HOUSE, VAZHAPPALLI,
DARSANAVATTAM, NAGAROOR VILLAGE, ATTINGAL,
THIRUVANANTHAPURAM DISTRICT, PIN - 695101
3 MUKESH
AGED 34 YEARS, S/O MURALI ACHARI,
KRISHNALAYAM HOUSE, NEAR NEITHUSALA TEMPLE,
DARSANAVATTAM, NAGAROOR VILLAGE, ATTINGAL,
THIRUVANANTHAPURAM DISTRICT, PIN - 695101
4 MANU
AGED 28 YEARS, S/O MURALI ACHARI,
NEAR NEITHUSALA TEMPLE, DARSANAVATTAM,
NAGAROOR VILLAGE, ATTINGAL,
THIRUVANANTHAPURAM DISTRICT,
PIN - 695101
CRL.MC NO. 9817 OF 2024
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2024:KER:94785
5 DIPIN @ MANIKUTTAN
AGED 28 YEARS, S/O DILEEP,
NEITHUSALA CHARUVILA HOUSE, DARSANAVATTAM,
NAGAROOR VILLAGE, ATTINGAL,
THIRUVANANTHAPURAM DISTRICT,
PIN - 695101
6 PRAVEEN
AGED 29 YEARS, S/O PRASAD,
VILAYIL PUTHEN VEEDU, VAZHAPPALLI,
NANNAYVANAM, NAGAROOR VILLAGE, ATTINGAL,
THIRUVANANTHAPURAM DISTRICT, PIN - 695101
BY ADV M.ABDUL RASHEED
RESPONDENTS/STATE, DE-FACTO COMPLAINANT AND CW2 TO CW4:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
ATTINGAL POLICE STATION, ATTINGAL,
THIRUVANANTHAPURAM DISTRICT, PIN - 695101
3 SAJITH
AGED 26 YEARS, S/O SATHYAVRUTHAN,
GEETHA MANDIRAM, ARATHANDANCHIRA,
NANTHAIVANAM, NAGAROOR VILLAGE, ATTINGAL,
THIRUVANANTHAPURAM DISTRICT, PIN - 695101
4 SIBIN
AGED 27 YEARS, S/O SATHEESAN,
SUBIN NIVAS, PATTAKUDI, DARSANAVATTAM,
NAGAROOR VILLAGE, ATTINGAL,
THIRUVANANTHAPURAM DISTRICT,
PIN - 695101
5 RAHUL
AGED 26 YEARS, S/O JAYAPRAKASH,
KUNNUVILA VEEDU, MARAYATHU JUNCTION,
NANTHAIVANAM, NAGAROOR VILLAGE, ATTINGAL,
THIRUVANANTHAPURAM DISTRICT, PIN - 695101
CRL.MC NO. 9817 OF 2024
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6 SYAMRAJ
AGED 28 YEARS, S/O RAJU,
R.S. BHAVAN, CHERUKARAPOIKA, PALAYAM,
VELLALLOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT,
PIN - 695034
BY ADV A.MUHAMMED HASHIM
SRI. C.S. HRITHWIK, SR.PP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.12.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 9817 OF 2024
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2024:KER:94785
ORDER
Dated this the 11th day of December, 2024 Petitioners are accused Nos.1 to 6 in Crime No.1783/2015 registered at Attingal Police Station for the offences punishable under Sections 143, 147, 148, 149, 294(b), 341, 323, 324, 506, 326 and 308 of IPC, now pending as S.C. No.1693/2017 on the files of the Assistant Sessions Court, Attingal.
2. The crime is registered on the allegation that the petitioners obstructed the Onam celebration and on respondents 3 to 6 questioning their act, assaulted them, causing injuries.
3. Learned Counsel for the petitioners submits that the dispute, which led to the complaint and registration of the crime, has been settled by the petitioners and Annexures-A3 to A6 affidavits have been filed by respondents 3 to 6 vouching this fact. CRL.MC NO. 9817 OF 2024 5 2024:KER:94785
4. Learned Counsel for respondents 3 to 6 also submitted that the dispute has been settled and his clients have no grievance against the petitioners.
5. I heard the learned Public Prosecutor also.
6. Having considered the gravity of the offences alleged and having perused the affidavits, the contents of which are vouched to be true and voluntary by the Counsel for respondents 3 to 6, I am satisfied that no public interest is involved in this matter and the dispute has been settled amicably. In view of the settlement arrived at between the parties, there is no possibility of the criminal proceedings ending in conviction. As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v State of Punjab [(2008) 4 SCC 582] and Gian Singh v State of Punjab and Another [(2012) 10 SCC 303], there is no CRL.MC NO. 9817 OF 2024 6 2024:KER:94785 impediment in granting the relief.
In the result, this Crl.M.C is allowed. Annexure-A2 final report and all further proceedings in S.C. No.1693/2017 on the files of the Assistant Sessions Court, Attingal as against the petitioners, is quashed.
Sd/-
V.G.ARUN JUDGE ARK CRL.MC NO. 9817 OF 2024 7 2024:KER:94785 APPENDIX OF CRL.MC 9817/2024 PETITIONER ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE F.I.R. IN CRIME NO.1783/2015 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT DATED 1.9.2015 ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN S.C. NO.1693/2017 ON THE FILE OF ASSISTANT SESSIONS COURT, ATTINGAL WHICH AROSE FROM CRIME NO.1783/2015 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT ALONG WITH RELEVANT DOCUMENTS DATED 18.1.2016 ANNEXURE A3 ORIGINAL AFFIDAVIT DATED 7.10.2024 SWORN BY THE 3RD RESPONDENT/DE-FACTO COMPLAINANT ANNEXURE A4 ORIGINAL AFFIDAVIT DATED 7.10.2024 SWORN BY THE 4TH RESPONDENT/CW2 ANNEXURE A5 ORIGINAL AFFIDAVIT DATED 7.10.2024 SWORN BY THE 5TH RESPONDENT/CW3 ANNEXURE A6 ORIGINAL AFFIDAVIT DATED 7.10.2024 SWORN BY THE 6TH RESPONDENT/CW4