Kerala High Court
Crl.MC/5854/2021 of ALAN C SUNIL Vs STATE OF KERALA on 31 December 2021
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 31ST DAY OF DECEMBER 2021 / 10TH POUSHA, 1943 CRL.MC NO. 5854 OF 2021 CRIME NO.1679/2021 OF Kanjirappally Police Station, Kottayam PETITIONER/ACCUSED NOS.1 TO 7 :- 1 ALAN C SUNIL AGED 20 YEARS XS/O.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 31[ST] DAY OF DECEMBER 2021 / 10TH POUSHA, 1943CRL.MC NO. 5854 OF 2021
CRIME NO.1679/2021 OF Kanjirappally Police Station, Kottayam PETITIONER/ACCUSED NOS.1 TO 7 :- 1ALAN C SUNIL AGED 20 YEARS
XS/O. SUNIL CHACKO, UMIKUNNIL HOUSE, VAZHAMUTTOM EAST P.O., PATHANAMTHITTA.
2AMAL MANOJAGED 20 YEARS
S/O. MANOJ MICHAEL, MUNDASSERY HOUSE, AMARAVATHY P.O., KUMILY, IDUKKI.
3BASIL ELDHOAGED 20 YEARSS/O ELDHO K.K., KAZHUNNUKATTUPUTHANPURA HOUSE, KOLAGAPPARA P.O., SULTHAN BATHERY.
4ARIF NAJEEBAGED 20 YEARS
S/O. NAJEEB P.H., PULICKAL HOUSE, KALLAR P.O., MUNDIERUMA
5ABIN MATHEWAGED 20 YEARS
S/O. MATHAI MATHEW, KANIYAMPARAMBIL HOUSE, VANDIPERIYAR P.O., VANDIPERIYAR.
6ADARSH ANTONYAGED 20 YEARS
S/O. ANTONY K.J, KALLIYATH HOUSE, SRA200, SAHAKARANA PONNURUNNI, VYTILLA P.O., KOCHI-19.
7AYON WILSONAGED 20 YEARS
S/O. WILSON N.J, NAMBIAPARAMBIL HOUSE, VALLUVADI P.O, ODAPPALLAM, SULTHAN BATHERY.VALLUVADI P.O, ODAPPALLAM, SULTHAN BATHERY.
CRL.MC NO. 5854 OF 2021
BY ADV SAJU J PANICKER
RESPONDENT/STATE/DE-FACTO COMPLAINANT :- 1STATE OF KERALA(SUB INSPECTOR OF POLICE, KANJIRAPALLY POLICE STATION, CRIME NO.1679/2021) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2ATHUL P BIJUAGED 21 YEARSAGED 21 YEARS
S/O. BIJU, PULLLOLIKKAL VEEDU, KOKKADAVU, THIRUMENI, KANNUR.
3GOUTHAMAGED 21 YEARSS/O MANOJ K.V., KANARA HOUSE, PADIYAM P.O., THRISSUR
4CHRISTY ABRAHAM JOSEPHAGED 21 YEARSS/O. JOSEPH ABRAHAM, MANGATTU PEACE VILLA, VENMONY P.O., CHENGANNUR.
5CHARLES ANTONY SIBICHANAGED 21 YEARS
S/O. SIBICHAN ANTONY, KARACKATTU HOUSE,
KARANILAM P.O., MUNDAKKAYAM.
6ARAVIND SHIBUAGED 21 YEARSAGED 21 YEARS
S/O. SHIBU, PALIYANPARAMBIL HOUSE,
KAIPUZHA P.O, KOTTAYAM.
7AMAL JOSEAGED 21 YEARSAGED 21 YEARS
S/O. JOSEKUTTY N.T., NJAPARAMBILHOUSE, KURISHUMOODU P.O., CHANGANACHERRY.
8EBIN RAJU
CRL.MC NO. 5854 OF 2021
AGED 21 YEARSS/O. RAJU VARGHESE, MANAVATHUKAROTTU HOUSE, NEERICADU P.O., KOTTAYAM.
9EDWIN MATHEWSAGED 21 YEARS
S/O. MATHEWS P.M., POTTANANIYIL HOUSE,
KUDIYANMALA P.O., KANNUR.
10BINU V. NAIRAGED 21 YEARS
S/O. VISWANATHAN NAIR, VISWALAYAM,
KARUVATA P.O., HARIPAD.
11ABY VARGHESE
AGED 21 YEARS
S/O. VARGHESE, ARUPARAYIL HOUSE,
KAKKAMTHODU, CHANGANACHERRY P.O., KOTTAYAM.
BY ADV JITHIN BABU A
SRI.RENJITH GEORGE, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
31.12.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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O R D E R
The petitioners are accused Nos.1 to 7 in Crime No.1679/2021 of Kanjirapally Police Station, KottayamDistrict and the offences alleged against the petitioners areunder Sections 143, 144, 147, 148, 149, 341, 323, 324 and 326of the Indian Penal Code.
2. The allegation is that on 10.11.2020 at about 11.30a.m. the petitioners formed into an unlawful assembly andintended to manhandle the de-facto complainant and others byusing an iron rod, the 1[st] accused pulled down the friend of thede-facto complainant and kicked him and on seeing this thede-facto complainant tried to prevent the 1[st] accused, the 1[st]accused hit the de-facto complainant on his right palm withthe iron stick and caused injury to him and the 1[st] accused and7 others kicked the de-facto complainant and therebycommitted the aforesaid offences.
3. Heard the learned counsel for the petitioners, the learned Public Prosecutor as well as the learned counsel forrespondents 2 to 11.
4. It is submitted by respective counsel that the
petitioners and respondents 2 to 11 have arrived at anamicable settlement and Annexures A2 to A11 are theaffidavits filed. The affidavits, inter alia, state that all thedisputes are settled and that the pendency of criminalproceeding would cause hardship to all the parties.
5. From the submission across the Bar and perusingthe criminal M.C. and the affidavits referred above, I amsatisfied that there has been an amicable settlement and thatthere is no vitiating circumstances in the respondents filingthe affidavits. No purpose will be served by continuing theproceedings in the above circumstances.
6. In view of the judgment of the Hon'ble Supreme Court in Gian Singh v. State of Punjaband another [2012(10) SCC 303] and considering the facts and circumstancesof the case and in exercise of power of this Court under Section 482 of the Code of Criminal Procedure, I hereby quashAnnexure A1 FIR and all further proceedings in CrimeNo.1679 of 2021 of Kanjirapally Police Station, KottayamDistrict against these petitioners 1 to 7 .
The Crl.MC is allowed as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
SMA
APPENDIX
PETITIONER ANNEXURES :-
Annexure A1
Annexure A2Annexure A3Annexure A4Annexure A5Annexure A6Annexure A7Annexure A8Annexure A9Annexure A10Annexure A11
THE CERTIFIED COPY OF THE F.I.R IN CRIME NO.1679 OF 2021 OF KANJIRAPALLY POLICE STATION, KOTTAYAM.
THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT.
THE AFFIDAVIT SWORN BY 3RD RESPONDENT.THE AFFIDAVIT SWORN BY 4TH RESPONDENT.THE AFFIDAVIT SWORN BY 5TH RESPONDENT.THE AFFIDAVIT SWORN BY 6TH RESPONDENT.THE AFFIDAVIT SWORN BY 7TH RESPONDENT.THE AFFIDAVIT SWORN BY 8TH RESPONDENT.THE AFFIDAVIT SWORN BY 9TH RESPONDENT.THE AFFIDAVIT SWORN BY 10TH RESPONDENT.THE AFFIDAVIT SWORN BY 11TH RESPONDENT.