Allowed

Jayanesh K.P v. State of Kerala

Kerala HC2 Dec 2021Crl.MC/3326/2021

Case brief

AI extract

What is this about?

The Kerala High Court quashed criminal proceedings against the petitioner under Sections 143, 147, 148, 308, 324, 341, and 149 IPC. Although other co-accused were convicted in a separate case, the court allowed the quashing after the victim affirmed the matter was settled and withdrew all allegations.

What did the court decide?

Criminal proceedings in SC. No. 699 of 2018 are quashed and the petitioner is exonerated.

Jayanesh K.P Vs State of Kerala — Quashing and FIR | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE K.HARIPAL

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THURSDAY, THE 2^ND DAY OF DECEMBER 2021 / 11TH AGRAHAYANA, 1943

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CRL.MC NO. 3326 OF 2021

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AGAINST THE ORDER/JUDGMENT IN SC 699/2018 OF SUB COURT, KANNUR

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PETITIONER/S:

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JAYANESH K.P AGED 30 YEARS

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S/O. JAYAMOHAN, SRAVANA HOUSE, P.O.AZHEEKKAL, KANNUR DISTRICT

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BY ADVS. ABDUL RAOOF PALLIPATH K.R.AVINASH (KUNNATH) M.K.SUMOD PRAJIT RATNAKARAN RAJ CAROLIN V.

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031

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2 THE STATION HOUSE OFFICER VALAPATTANAM POLICE STATION, KANNUR-670 010

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3 NISHIL.M.T S/O. SATHEESHAN, AGED 25 YEARS, MADATHIL THAYYIL HOUSE, AZHIKODE, CHALIL, KANNUR-670 009

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BY ADV C.H.ABDUL RASAC

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CRL.MC NO. 3326 OF 2021

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OTHER PRESENT:

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PP -SRI. M.C.ASHI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02.12.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 3326 OF 2021

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O R D E R

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Petitioner is the first accused in Crime No. 382/2015 of Valapatanam Police Station, Kannur alleging offences under Sections 143, 147, 148, 308, 324, and 341 read with Section 149 of IPC. On

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conclusion of investigation the charge sheet has been laid before the Judicial First Class Magistrate's Court-II, Kannur.

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The allegation against the petitioner and others is that on 24.03.2015 at 3.45 p.m. identified accused persons, three in number, along with some identifiable persons formed an unlawful assembly and in prosecution of their common object and armed with weapons like iron rod, wooden reaper, dragged BJP activist CW1 Nishil who is the 3^rd respondent, from the bus in which he was travelling and the 1^st accused/petitioner beat him with iron rod on his head and the

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2^nd accused beat with wooden reaper, when he fell down, the

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1^st accused aimed the iron rod on his head: since he had moved out, it

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CRL.MC NO. 3326 OF 2021

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did not hit him; if it had hit him as aimed, that would have turned fatal.

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The accused Nos. 1 to 3 alone were identified during investigation; accused Nos. 2 and 3 have faced trial in Sessions Case No. 431/2016. That case has ended in conviction and appeal preferred by them is pending. Now the petitioner/1st accused has moved this Court under Section 482 of Cr.P.C. for quashing the proceedings on the premise that the matter stands settled with the 3^rd respondent/de facto complainant.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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Both have stated that the matter is settled and the 3^rd respondent does not want to continue the proceedings. Moreover, the 3^rd respondent has filed an affidavit which is marked as Annexure A3, stating that the matter has been talked over between himself and the petitioner in the presence of well wishers and

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CRL.MC NO. 3326 OF 2021

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mediators and the matter is settled and he is not intending to proceed with the case against the petitioner. He has no further grievance

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against the petitioner, that he withdraws the allegations against the petitioner.

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I have also been taken through para 18 of the Annexure A2 judgment where the injury sustained by the 3^rd respondent are shown; contusion over right temporal region and left region 3X2 cm, right ear bleeding and abrasion over right leg 2 X 1 cm. Even though the 3^rd respondent was attacked with an iron rod now he has condoned the acts of the petitioner. In the light of the clear statement of the 3^rd respondent that the matter is settled, there is no purpose in continuing the proceedings. Moreover, there is no public interest also involved in the proceedings. The 3^rd respondent has withdrawn all allegations against the petitioner. In the circumstances, despite the fact that other accused persons stand convicted the case against the petitioner can be quashed.

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CRL.MC NO. 3326 OF 2021

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Therefore, entire proceedings in SC. No. 699 of 2018 on the

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file of Assistant Sessions Court, Kannur are quashed and the petitioner

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shall stand exonerated.

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The Crl. Miscellaneous Case is allowed.

Sd/-

K.HARIPAL JUDGE

CRL.MC NO. 3326 OF 2021

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APPENDIX OF CRL.MC 3326/2021

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PETITIONER ANNEXURE

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ANNEXURE 1 TRUE COPY OF THE FINAL REPORT IN CRIME NO. 382/2015 OF VALAPATTANAM POLICE STATION, KANNUR DISTRICT. ANNEXURE 2 TRUE COPY OF JUDGMENT IN SC.NO.431/2016 DATED 6.2.2020 OF THE ASSISTANT SESSIONS COURT, KANNUR. ANNEXURE 3 ORIGINAL OF THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 14.01.2021.

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// True Copy // PA To Judge

Jayanesh K.P v. State of Kerala

Case brief

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Jayanesh K.P v. State of Kerala

Case brief

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