Kerala High Court

Crl.MC/6705/2021 of VISHNU R. Vs STATE OF KERALA on 31 December 2021

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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. 6705 OF 2021 CRIME NO.3147/2020 OF Adoor Police Station, Pathanamthitta PETITIONERS/ACCUSED: 1 VISHNU R., AGED 28 YEARS S/O. RAVEENDRAN, VIJAY

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT

THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

FRIDAY, THE 31[ST] DAY OF DECEMBER 2021 / 10TH POUSHA, 1943

CRL.MC NO. 6705 OF 2021

CRIME NO.3147/2020 OF Adoor Police Station, PathanamthittaPETITIONERS/ACCUSED:

1VISHNU R., AGED 28 YEARSS/O. RAVEENDRAN, VIJAY BHAVANAM, CHEELANTHIMUKKU, NEENDAKARA, KOLLAM 691 582.2VIJAY.R., AGED 24 YEARSS/O. RAVEENDRAN, VIJAY BHAVANAM, NEENDAKARA P.O, NEENDAKARA, KOLLAM 691 582.BY ADVS.M.I.MUHAMMED MUSTHAFAARUN PAUL (KAPRASSERY)M.AKHIL

RESPONDENTS/COMPLAINANT/STATE

1STATE OF KERALAREPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.2SASIKUMAR, AGED 70 YEARSS/O. KOCHURAMAN, SARITHA SADANAM, ADOOR, ANANDAPPALLY P.O., PATHANAMTHITTA, KERALA 691 525.3VINOD S.,S/O.SASI, AGED 43 YEARS,PUTHUSSERITHARAYIL POLACHIRACKAL, THAZHAKKARA P.O.,MAVELIKKARA, PUTHIYACAVU, ALAPPUZHA 690 102.4SANITHA S., AGED 37 YEARSD/O. SASIKUMAR, P2 SARITHA SADHANAM, PANNIVIZHA, ANANDAPPALLY P.O. ADOOR, PATHANAMTHITTA 691 525.BY ADVS.NIKHIL.A.AZEEZSYAM JESANBY PUBLIC PROSECUTIR SRI.ARAVIND V.MATHEW

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 first and second accused in Crime No.3147/2020 of Adoor Police Station, Pathanamthitta District and the offences alleged against the petitioners areunder Sections 143, 146, 148, 149, 452, 427, 324, 326 and308 of the Indian Penal Code.

2. The allegation is that on 23.10.2020 at around 2.45p.m. the petitioners along with their friends formed into anunlawful assembly and entered into the house of respondentswith deadly weapons and attacked 2[nd], 3[rd] and 4[th] respondentsand injured them and destroyed the house hold furniture andappliances.

3. Heard the learned counsel for the petitioners, thelearned Public Prosecutor as well as the learned counsel forrespondents 2, 3 and 4.

4. It is submitted by respective counsel that thepetitioners and respondents 2, 3 and 4 have arrived at anamicable settlement and Annexures A2, A3 and A4 are theaffidavits filed. The affidavits, inter alia, state that all disputes

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are settled and that the pendency of criminal proceedingwould cause hardship to all the parties.

5. From the submission across the Bar and perusing the 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 SupremeCourt in Gian Singh v. State of Punjaband another [2012(10) SCC 303] and considering the facts and circumstances ofthe case and in exercise of power of this Court under Section482 of the Code of Criminal Procedure, I hereby quashAnnexure A1 FIR and all further proceedings in CrimeNo.3147/2020 of Adoor Police Station, Pathanamthitta Districtagainst petitioners 1 and 2.

The Crl.MC is allowed as above.

Sd/-

dlk 31.12.2021

MOHAMMED NIAS C.P.

JUDGE

APPENDIX OF CRL.MC 6705/2021

PETITIONER ANNEXURESAnnexure A1

TRUE COPY OF FIR IN CRIME NO. 3147/2020 DTD. 23.12.2020 OF THE ADOOR POLICE STATION IN PATHANAMTHITTA DISTRICT.

Annexure A2

ORIGINAL AFFIDAVIT DATED 22.12.2021 EXECUTIVE BY THE 2ND RESPONDENT.ORIGINAL AFFIDAVIT DATED 22.12.2021 EXECUTIVE BY THE 3RD RESPONDENT.ORIGINAL AFFIDAVIT DATED 22.12.2021 EXECUTIVE BY THE 4TH RESPONDENT.

Annexure A3

Annexure A4

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