The High Court of Kerala disposed of a Criminal M.C. regarding allegations of assaults. Upon noting that the matter was amicably settled and a final report obtained, the Court quashed the proceedings and discharged the accused.
The entire proceedings in S.C.No.34/2014 against the accused were quashed and the accused were discharged.
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 ASHOK MENON
THURSDAY, THE 13TH DAY OF FEBRUARY 2020 / 24TH MAGHA, 1941
Crl.MC.No.503 OF 2020(C)
AGAINST THE ORDER/JUDGMENT IN SC 34/2014 OF SUB COURT AND ASSISTANT SESSIONS COURT,ATTINGAL
CRIME NO.1031/2012 OF Kadakkavoor Police Station , Thiruvananthapuram
PETITIONERS/ACCUSED 1 TO 4:
1 VAISAKH, AGED 26 YEARS, S/O RADHAKRISHNAN, NANDANAM VEEDU, AYANTAVILA,
MELKADAKKAVOOR DESOM, KADAKKAVOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT.
2 AKHIL @ KULU, AGED 27 YEARS, S/O ANIL KUMAR, POOCHATTYVILA VEEDU, VAKKAM VILLAGE, THIRUVANANTHAPURAM DISTRICT.
3 ARUN, AGED 26 YEARS, LAKSHAM VEEDU, NILAKKAMUKKU, KADAKKAVOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT.
4 VIPIN, AGED 27 YEARS, S/O GOPI, CHARUVILA VEEDU, ELAPPURAM KEEZHATTINGAL VILLAGE, THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.P.ANOOP (MULAVANA)
RESPONDENTS/STATE,DEFACTO OCOMPLAINANT:
2 RAJEEV, AGED 52 YEARS, S/O PRABHAKARAN,
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VELIKKAKATHUVEEDU, THODIYIL, APPUPPAN KSHETHRAM, VAKKAM P.O., THIRUVANANTHAPURAM DISTRICT.
R1 BY SRI C S HRITHWIK (SR PP) R2 BY ADV. A.CHANDRA BABU
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.503 OF 2020
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ORDER
Dated this the 13th day of February 2020
The petitioners are accused in
S.C.No.34/2014 on the files of the Sub Court and
Assistant Sessions Court, Attingal, for having allegedly committed offences punishable under Sections 341,323,324,and 308 read with Section 34 of the I.P.C.
through the Senior Public Prosecutor. The petitioners do not have any criminal antecedents. There is no public interest involved.
Crl.MC.No.503 OF 2020
and the entire proceedings as against the petitioners in S.C.No.34/2014 on the files of the Sub Court and Assistant Sessions Court, Attingal, stands quashed under Section 482 Cr.P.C. and the accused are discharged.
Sd/-
ASHOK MENON JUDGE
SSK
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APPENDIX
PETITIONERS' EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE FINAL REPORT IN SC NO. 34/2014 OF SUB COURT AND ASSISTANT SESSIONS COURT, ATTINGAL, ARISING FROM CRIME NO. 1031/2012 OF KADAKAVOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT.
ANNEXURE A2 TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT.
RESPONDENT'S EXHIBITS:NIL
SSK //TRUE COPY// PA TO JUDGE
1 issue framed by the court
Whether the criminal proceedings against the petitioners accused in S.C.No.34/2014 can be quashed under Section 482 of the Code of Criminal Procedure in light of the settlement reached with the injure
1 provisions across 1 enactments
VAISAKH
AKHIL
ARUN
VIPIN
THE STATE OF KERALA
RAJEEV
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
