Kerala High Court
Bijinu 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. 1289 OF 2014
(TO QUASH THE F.I.R AND FURTHER PROCEEDINGS IN C.P.NO.27/2013 ON
THE FILE OF J.F.M.C-I, ATTINGAL AND IN CRIME NO.861/12 OF ATTINGAL
POLICE STATION, AS AGAINST THE PETITIONER)
PETITIONER/2ND ACCUSED:
BIJINU
S/O.MUHAMMED ISMAIL,
FATHIMA MANZIL FROM SALIM MANZIL,
CHENKIKKUNNU, DHARSANAVATTOM,
NAGAROOR VILLAGE, CHIRAYINKEEZHU TALUK,
THIRUVANANTHAPURAM DISTRICT.
BY ADV SRI.SUNIL J.CHAKKALACKAL
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY S.H.O. OF POLICE,
ATTINGAL POLICE STATION,
THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2 RAJENDRAN
S/O.BHASKARA KURUPPU,
SHOBHA NIVAS, VETTIYARA P.O.,
NAVAIKKULAM VILLAGE,
CHIRAYINKEEZHU TALUK,
THIRUVANANTHAPURAM DISTRICT.
BY ADV SRI.SREEVALSAN.V
SR.PP - SRI. HRITHWIK C.S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.01.2022, ALONG WITH Crl.MC.4725/2021, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.M.C.Nos.1289 of 2014 and 4725 of 2021
2
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. 4725 OF 2021
(CRIME NO.861/2012 OF ATTINGAL POLICE STATION AND S.C.NO.439/2013
ON THE FILE OF THE ASSISTANT SESSIONS COURT, ATTINGAL)
PETITIONER/1ST ACCUSED:
SURJITH KUMAR.
AGED 40 YEARS
S/O. KRISHNA PILLAI,
MUTTALUVILA VEEDU,
KARETTU DESOM,
PULIMATH VILLAGE,
THIRUVANANTHAPURAM DISTRICT
BY ADVS.
R.SURAJ KUMAR
SUNIL J.CHAKKALACKAL
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM
2 RAJENDRAN
AGED 52 YEARS
S/O. BHASKARA KURUP,
SHOBHA NIVAS, VETTIYARA P.O.,
NAVAIKKULAM VILLAGE,
CHIRAYINKEEZHU TALUK,
THIRUVANANTHAPURAM DISTRICT,
PIN-695 603
BY ADV SREEVALSAN.V
SR.PP - SRI. HRITHWIK C.S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.01.2022, ALONG WITH Crl.MC.1289/2014, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.M.C.Nos.1289 of 2014 and 4725 of 2021
3
ORDER
Petitioners are accused numbers 2 and 1 respectively in S.C.No439/2013 on the file of the Assistant Sessions Court, Attingal, which was the outcome of final report in Crime No.861/2012 of Attingal police station. The crime was registered alleging offence punishable under Sections 326 and 308 read with Section 34 of the IPC. On conclusion of investigation charge sheet was laid and now the case is pending before the Assistant Sessions Court, Attingal.
2. The place of occurrence is the Attingal private bus stand. The brief allegations against the petitioners is that on 06.06.2012 at 05:20 p.m, while the petitioners were delaying the departure of their bus from the bus stand, defacto complainant, the 2nd respondent questioned them and out of that animosity, the first accused hit him with a punching block on his face causing him injury to the nasal bone; when he fell on the ground, the 2 nd accused tried to run over the bus over him and thus committed the above stated offence.
3. It appears that the incident had occurred due to some dispute over the timing of two private buses. Now the petitioners have moved this Court under Section 482 of the Cr.P.C for quashing the proceedings on the ground of settlement reached with the 2 nd Crl.M.C.Nos.1289 of 2014 and 4725 of 2021 4 respondent, the injured.
4. I heard the learned counsel for the petitioners, learned Senior Public Prosecutor and also the learned counsel for the 2 nd respondent. All have confirmed the settlement reached between the parties.
5. It is evident from the affidavit of the 2 nd respondent that the matter is settled. He is not interested in to pursuing the proceedings; it is averred that himself and the petitioners are neighbours and now they are good friends. In the light of the said statement of the 2nd respondent, who is the prime witness and the defacto complainant, there is no purpose in proceeding with the case. There is no public interest is involved and therefore, entire proceedings in S.C.No.439/2013 on the file of the Assistant Sessions Court, Attingal are quashed and the petitioners shall stand exonerated.
Both the Crl.M.Cs are allowed as above.
Sd/-
K.HARIPAL
JUDGE
Jms/17.01
//True Copy// P.A to Judge
Crl.M.C.Nos.1289 of 2014 and 4725 of 2021 5 APPENDIX OF CRL.MC 1289/2014 PETITIONER ANNEXURES ANNEXURE - A THE TRUE COPY OF F.I.R. IN CRIME NO.861/12 OF THE ATTINGAL POLICE STATION.
ANNEXURE - B THE TRUE COPY OF FINAL REPORT IN CRIME NO.861/12 OF THE ATTINGAL POLICE STATION.
ANNEXURE - C NOTARIZED AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT DATED 16.12.2013.
Crl.M.C.Nos.1289 of 2014 and 4725 of 2021 6 APPENDIX OF CRL.MC 4725/2021 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIR AND FINAL REPORT DATED 04.09.12 IN CRIME NO.861/12 OF ATTINGAL POLICE STATION Annexure A2 AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT DATED 25.02.2021