Kerala High Court
Suresh Kumar S. @ Kunjumon vs State Of Kerala on 17 June, 2020
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 17TH DAY OF JUNE 2020 / 27TH JYAISHTA, 1942
Crl.MC.No.1962 OF 2020(E)
CRIME NO.164/2020 OF Attingal Police Station,
Thiruvananthapuram
PETITIONERS/ACCUSED 1 TO 8:
1 SURESH KUMAR S. @ KUNJUMON,
AGED 36 YEARS, S/O. SOMAN, RESIDING AT
CHANGAYIL VEEDU, OORUPOIKA, EDAKKODE,
ATTINGAL, CHIRAYINKIL TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN-695104.
2 RAHUL K,
AGED 24 YEARS, S/O. KUTTAPPAN NAIR, RESIDING
AT VADAKKEKKANANPALLY VEEDU, OORUPOIKA,
EDAKKODE, ATTINGAL, CHIRAYINKIL TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN-695104.
3 RATHEESH R,
AGED 35 YEARS, S/O. RAVEENDRAN NAIR,
CHANGAYIL VEEDU, ORRUPOIKA, EDAKKODE,
ATTINGAL, CHIRAYINKIL TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN-695104
4 ANFAR,
AGED 44 YEARS, S/O. ABDUL MAJEED,
RESIDING AT SABU NIVAS, OORUPOIKA,
EDAKKODE, ATTINGAL, CHIRAYINKIL TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN-695104.
5 PREM KUMAR,
AGED 42 YEARS, S/O. SOMAN,
RESIDING AT S.P. BHAVAN, OORUPOIKA,
EDAKKODE, ATTINGAL, CHIRAYINKIL TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN-695104.
Crl.MC.No.1962 of 2020 2
6 SARATH B,
AGED 25 YEARS, S/O. BABU,
RESIDING AT KURANDIYIL VEEDU, OORUPOIKA,
EDAKKODE, ATTINGAL, CHIRAYINKIL TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN-695104.
7 ANIL RAJ,
AGED 29 YEARS, S/O. ASOKAN,
RESIDING AT RAJA BHAVAN, OORUPOIKA,
EDAKKODE, ATTINGAL, CHIRAYINKIL TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN-695104.
8 NARAYANAN NAIR,
AGED 60 YEARS, S/O. THANKAPPAN PILLAI,
RESIDING AT KOCHUMANGALATHU VEEDU, OORUPOIKA,
EDAKKODE, ATTINGAL, CHIRAYINKIL TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN-695104.
BY ADVS.
SRI.J.R.PREM NAVAZ
SHRI.SUMEEN S.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM PIN-682031.
2 SHEELA,
AGED 56 YEARS, D/O SAHADEVAN, RESIDING AT
PULIKKINI VEEDU, NEAR BHOODHANADHANKAVU
TEMPLE, OORUPOIKA, ATTINGAL,
THIRUVANANTHAPURAM DISTRICT- 695 104.
R2 BY ADV. AJOY VENU
SRI. RAMESH CHAND PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
17.06.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.MC.No.1962 of 2020 3
Crl.M.C. No.1962 of 2020
-----------------------------------------------
ORDER
This is a proceedings under Section 482 of the Code of Criminal Procedure for quashing Annexure - A1 First Information Report and all further proceedings pursuant thereto in Crime No.164 of 2020 of Attingal Police Station.
2. The petitioners are the accused in the said case. The case was one registered under Sections 143, 147, 148, 149, 294(b), 451, 427 and 506(ii) of the Indian Penal Code.
3. It is seen that the petitioners and the de facto complainant have amicably settled the disputes. An affidavit sworn to by the de facto complainant to that effect is part of the records.
4. Heard the learned counsel for the petitioners, the learned Public Prosecutor as also the learned counsel for the de facto complainant.
Crl.MC.No.1962 of 2020 4
5. Though the matter is settled between the parties, I have examined the accusation in the case and found that this is a matter that could be settled and closed in the light of the decision of the Apex Court in Gian singh v. State of Punjab, (2012) 10 SCC 303, invoking the jurisdiction under Section 482 of the Code of Criminal Procedure.
In the result, the Crl.M.C. is allowed and Annexure - A1 First Information Report and all further proceedings pursuant thereto in Crime No.164 of 2020 of Attingal Police Station are quashed.
Sd/-
P.B.SURESH KUMAR, JUDGE.
YKB Crl.MC.No.1962 of 2020 5 APPENDIX ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN CRIME NO.164/2020 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT. ANNEXURE A2 THE AFFIDAVIT SOLEMNLY AFFIRMED BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT. RESPONDENT'S/S EXHIBITS:
NIL //TRUE COPY// PA TO JUDGE