Kerala High Court
Nazeer vs Akash Babu on 14 September, 2021
Author: K.Haripal
Bench: K.Haripal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
CRL.MC NO. 3434 OF 2021
CC 671/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,ATTINGAL,IN
CRIME NO.1422/2018 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM
DISTRICT.
PETITIONERS/ACCUSED NO. 1 TO 6:
1 NAZEER
AGED 31 YEARS
S/O.ASHARAF,
KUNNUVILA VEEDU (NAZEER MANZIL),
AVANAVANCHERRY, EDAKKAD VILLAGE,
THIRUVANANTHAPURAM DISTRICT, 695104.
2 SHIBU @ MANU,
AGED 36 YEARS,
S/O. VASAVAN,
DEVACHAKRA HOUSE,
KAIPATTUMUKKU,
AVANAVANCHERRY VILLAGE,
THIRUVANANTHAPURAM DISTRICT.
3 UNNIKRISHNAN @ CHANA,
AGED 33 YEARS,
S/O. MADHU,
KRISHNA BHAVAN VEEDU,
AVANAVANCHERRY VILLAGE,
THIRUVANANTHAPURAM DISTRICT.
4 BIJU @ SOMAN,
AGED 35 YEARS,
S/O.VIJAYAN,
BIJU NIVAS,
KOLLAMKONAM,
AVANAVANCHERRY VILLAGE,
THIRUVANANTHAPURAM DISTRICT.
5 RAJEEV,
AGED 38 YEARS,
S/O. SASIDHARAN NAIR,
VILAYIL PUTHENVEEDU,
AVANAVANCHERRY VILLAGE,
THIRUVANANTHAPURAM DISTRICT.
Crl.M.C.No.3434 of 2021
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6 SUNIL,
AGED 37 YEARS,
S/O. SUDHARSHAN,
LATHIKA VILASAM VEEDU,
KAVALAYOOR, MANAMPOOR VILLAGE,
THIRUVANANTHAPURAM DISTRICT.
BY ADV GEORGE SEBASTIAN
RESPONDENTS/INJURED AND STATE:
1 AKASH BABU
AGED 34 YEARS,
S/O SURENDRA BABU,
LAILA BHAVAN,
NEAR PARUTHIYIL DEVI KSHETHRAM,
EDAKKAD VILLAGE,
THIRUVANANTHAPURAM DISTRICT, 695 104.
2 DEEPU
AGED 36 YEARS,
S/O.VASU, PLAVILA VEETTIL,
AVANAVANCHERRY,
NEAR KOCHUPARUTHI KSHETHRAM,
EDAKKAD VILLAGE,
THIRUVANANTHAPURAM DISTRICT-695104.
3 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM-682031.
BY ADV K.RAJENDRAN CHETTIAR
SR.PP - SRI. RENJITH T.R.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Crl.M.C.No.3434 of 2021
3
ORDER
This is an application filed under Section 482 of the Cr.P.C seeking to quash the entire proceedings in Crime No.1422/2018 of Attingal Police Station, which is now pending before the Judicial First Class Magistrate-I, Attingal as C.C.No.671/2019. The alleged incident had happened on 08.07.2018. On the basis of the First Information Statement given by the first respondent, the case was registered as Crime No.1422/2018 of Attingal Police station, alleging offence punishable under Sections 143, 147, 148, 341, 294(b), 323, 324 and 307 read with Section 149 of the IPC and also under Section 27 of the Arms Act. There are six accused in the crime. After conclusion of the investigation, charge sheet has been laid deleting offence under Section 307 of the IPC and also provisions under the Arms Act, before the Judicial First Class Magistrate-I, Attingal, where the petitioners face trial. Respondents 1 and 2 are the injured, who have been shown as CWs1 and 2 in the final report.
2. Now, the petitioners have moved this Court seeking to quash the proceedings on the ground that the disputes with the respondents 1 and 2, the injured have been settled out of court. Crl.M.C.No.3434 of 2021 4
3. I heard the learned counsel for the petitioners and also the learned Senior Public Prosecutor representing the third respondent.
4. It is confirmed that the matter is settled. Moreover, Annexures C and D affidavits of respondents 1 and 2 respectively also indicate that, it was purely private and personal dispute between the petitioners on the one hand and the respondents 1 and 2 on the other. The disputes have been amicably settled and the respondents 1 and 2 do not want to pursue the proceedings. They have no objection in quashing the proceedings.
In these circumstances and having regard the fact that the injuries sustained by the respondents 1 and 2 are not that serious and since the dispute has been settled among the parties, there is no point in pending the proceedings. In the result, entire proceedings in Crime No. 1422/2018 of Attingal Police Station, now pending as C.C.No.671/2019 on the file of the Judicial First Class Magistrate-I, Attingal are hereby quashed.
Crl.M.C. is allowed as above.
Sd/-
K.HARIPAL
JUDGE
Jms/14.09
//True Copy// P.A to Judge
Crl.M.C.No.3434 of 2021
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APPENDIX OF CRL.MC 3434/2021
PETITIONER ANNEXURE
Annexure A A TRUE COPY OF THE FIR ALONG WITH FI
STATEMENT IN CRIME NO.1422/2018 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM.
Annexure B TRUE COPY OF THE FINAL REPORT IN CRIME NO.1422/2018 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM.
Annexure C ORIGINAL AFFIDAVIT SWORN TO BY THE 1ST RESPONDENT DATED 29.7.2021.
Annexure D ORIGINAL AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT DATED 29.7.2021.