Kerala High Court
Revin Francis vs State Of Kerala on 17 January, 2022
Author: K.Haripal
Bench: K.Haripal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
CRL.MC NO. 5871 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 1761/2019 OF JMFC, KAKKANAD (TEMPORARY)
PETITIONERS/ACCUSED NO. 1 & 2:
1 REVIN FRANCIS
AGED 27 YEARS
S/O.FRANCIS K.X., 283 KARUKAPPILLIL HOUSE, PALACHUVADU, PADAMUGHAL,
KAKKANAD, KERALA, PIN - 682 030.
2 GEORGE SABIN
S/O.SABIN K.GEORGE, XI/487-B, KURUVIL HOUSE, THRIKKAKKARA P.O., NGO
QUARTERS, COCHIN - 682 021.
BY ADVS.
B.SURJITH
RAHANA JOSE
RESPONDENTS/STATE & DE FACTO COMPLAINANTS(CW1& CW2):
1 STATE OF KERALA
REPRESENTED PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031.
2 PRIYESH P.
AGED 28 YEARS
S/O.MOHANAN K., PULAYANADUKKAM, MAVUNGAL, ANANSHASHRAM, PIN - 671
531.
3 ASWIN C.K.
AGED 32 YEARS
S/O.SASIDHARAN K., NARAYANANILAYAM, KOLAKKATTUCHALIL POST,
MALAPPURAM DISTRICT, NOW RESIDING AT FLAT NO.S31, FEDERAL GARDENS,
PULINCHUVADU, ALUVA, ERNAKULAM, PIN - 683 101.
BY ADV JEN JAISON
SR.PP - SRI. HRITHWIK C.S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.01.2022, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C No. 5871 of 2021
2
ORDER
Petitioners have moved this Court under Section 482 of the Cr.P.C. for quashing the proceedings in C.C. No. 1761 of 2019 pending before the Judicial First Class Magistrate's Court, Kakkanad which arose from the final report in Crime 835 of 2019 of Thrikkakkara police station. That crime was registered on 07.06.2019 alleging offence punishable under Sections 341, 323, 506, 294(b) read with Section 34 of the IPC. After conclusion of investigation, charge sheet was laid alleging offences under Sections 341, 323, 325, 294(b), 506(i) read with Section 34 of the IPC.
2. The allegations against the petitioners is that on 04.06.2019 at 23.15 hours, out of some issues arose between the 1st petitioner and the 2nd respondent while they were studying in Model Engineering College, Thrikkakkara, near the Padamukal Mosque, in front of Crl.M.C No. 5871 of 2021 3 Empire Palace hotel, the 1st petitioner hit CW2 on his nose and caused fracture to the nasal bone. The 2 nd petitioner had assaulted the 3rd respondent and caused him injuries. Petitioners have moved this Court under Section 482 of the Cr.P.C. for quashing the proceedings on the ground of settlement reached with respondents 2 and 3.
2. I heard the learned counsel for the petitioners, the learned counsel representing party respondents, and also the learned Senior Public Prosecutor.
3. All have confirmed the settlement reached between parties. Party respondents, the injured have made it abundantly clear that they do not have subsisting grievance against the petitioners and that they have no objection in quashing the proceedings. In the light of the same and since no public interest is involved, entire proceedings in C.C. No. 1761 of 2019 pending before the Judicial First Class Magistrate's Court, Kakkanad are quashed and the Crl.M.C No. 5871 of 2021 4 petitioners shall stand exonerated.
The Criminal Miscellaneous Case is allowed as above.
Sd/-
K. HARIPAL JUDGE RMV/17/01/2022 5 APPENDIX OF CRL.MC 5871/2021 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT DATED 06/06/2014 IN CRIME NO.835/2019 OF THRIKKAKKARA POLICE STATION.
Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.1761/2019 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KAKKANAD.
Annexure A3 ORIGINAL OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT DATED 06/11/2021.
Annexure A4 ORIGINAL OF THE AFFIDAVIT FILED BY THE 3RD RESPONDENT DATED 10/11/2021.
TRUE COPY P.A.TO JUDGE