Petitioners, accused of offences under the IPC alleging assault, approached the High Court of Kerala for quashing of criminal proceedings. The court noted that the matter had been settled through mediation and granted leave to quash the proceedings in interest of quieting the dispute.
Criminal proceedings in C.C. No.3303/2016 stand quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 21ST DAY OF FEBRUARY 2017/2ND PHALGUNA, 1938
Crl.MC.No. 980 of 2017 ()
AGAINST THE ORDER/JUDGMENT IN CC 3303/2016 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, THRISSUR CRIME NO. 1987/2016 OF VIYYUR POLICE STATION, THRISSUR
PETITIONER(S)/PETITIONER/ACCUSED:
1. AJIN ABRAHAM, AGED 22 YEARS, S/O.ABRAHAM, CHAMATHAYIL HOUSE, KALLOOR, THRISSUR
2. SHARATH BHASKARAN, AGED 20 YEARS, S/O.BHASKARAN, CHEMBOTTUTHODI HOUSE, VARKOD
3. ARJUN AJAYAN, AGED 22 YEARS, S/O.AJAYAN, NELLIKATTU HOUSE, BALA PO, KASARGOD
4. ANIRUDH DINESH KUMAR, AGED 20 YEARS, S/O.DINESH KUMAR, SHRINILAYAM HOUSE, KOPPALA,
MUZHIKKARA, THIRUVANGAD, THALASSERY
5. BASIL MANJAYI, AGED 22 YEARS, S/O.MANJAYI, KOMAYIL HOUSE, KARYAMPADI PO, WAYANAD
6. MUHAMMED ALTHAF, AGED 22 YEARS, S/O.MUSTHAFA, CHIRATHADATHIL HOUSE, VENGOOR PO,
PATTIKKADU, PERINTHALMANNA, MALAPPURAM 7. MUHAMMED JAFFER, AGED 20 YEARS, S/O.MUHAMMED BASHEER, PULLICKAL HOUSE, VALIYAPAARA, WAYANAD, PATTIKADU, PERINTHALMANNA, MALAPPURAM
8. RAHUL RAJAN, AGED 22 YEARS, S/O.RAJAN, ANJANA HOUSE, KAKKATTIL DESOM, VADAKARA, KOZHIKODE
9. ABSHIKTH RAVINDRA VARMA, AGED 20 YEARS, S/O.RAVINDRA VARMA RAJ, DEVIPRIYA, CHIRAKKAL PALACE, KODUNGALLOOR, SHUGAPURAM BY ADV. SRI.KANDAMPULLY RAHUL
Crl.MC.No. 980 of 2017 ()
RESPONDENT(S)/RESPONDENTS/STATE & CHARGE WITNESSES 1:
1. STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, VIYYUR POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
2. HYDER YOUSUF, AGED 21 YEARS, S/O.P.M.YOUSUF, PULICKAL HOUSE, PIDAVOOR, PALLARIMANGALAM PO, KOTHAMANGALAM-683324
R2 BY ADV. SRI.SAJEEVAN KURUKKUTTIYULLATHIL R1 BY PUBLIC PROSECUTOR SRI.T.R.RANJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-02-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 980 of 2017 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE 1 TRUE COPY OF FINAL REPORT IN C.C.3303/2016 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1, THRISSUR
ANNEXURE II AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 24.1.2017
RESPONDENT(S)' EXHIBITS : NIL
/TRUE COPY/
P. A. TO JUDGE
Pn
SUNIL THOMAS, J.
Crl. M. C. No. 980 of 2017
Dated this the 21st day of February, 2017
O R D E R
The petitioners are the accused in C.C. No.3303/2016 of the Judicial First Class Magistrate Court-1, Thrissur arising from Crime No.1987/2016 of Viyyur Police Station, Thrissur for offences punishable under Sections 143, 147, 148, 149, 294(b) and 506(II) of the IPC. The 2nd respondent who is the defacto complainant alleged that, on 06.09.2016 at 12.30 p.m., all the accused formed into an unlawful assembly and assaulted him. Crime was registered and after investigation, final report was filed.
Crl. M. C. No. 980 of 2017 2
submitted that the petitioners are not involved in any other crime and that the matter has now been settled.
Hence, Crl.M.C. is allowed. All further proceedings in C.C. No.3303/2016 of the Judicial First Class Magistrate Court-1, Thrissur stand quashed.
SUNIL THOMAS, JUDGE.
Pn
2 issues framed by the court
Whether criminal proceedings under Sections 143, 147, 148, 149, 294(b) IPC should be quashed due to settlement.
Whether the resolution of the dispute between the parties warrants giving quietus to the entire matter.
AJIN ABRAHAM AND OTHERS
STATE OF KERALA
HYDER YOUSUF
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
