Allowed

Santhosh v. State of Kerala

Kerala HC5 Apr 2022Crl.MC/1443/2022

Case brief

AI extract

What is this about?

In S.C.No.789/2020, petitioners were arrested for offences under IPC Section 308, 324, 143-148 and 201. The court quashed the criminal proceedings after accepting affidavits from the complainants stating that the matter was settled, noting that the injuries were not serious and there was no public interest.

What did the court decide?

The entire proceedings in S.C.No.789/2020 are quashed and the petitioners shall stand exonerated.

Santhosh Vs State of Kerala — Quashing and FIR | Kerala HC (2022)

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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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TUESDAY, THE 5^TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944 CRL.MC NO. 1443 OF 2022

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CRIME NO.270/2019 OF MANGALAM DAM POLICE STATION, PALAKKAD.

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PETITIONER:

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1 SANTHOSH AGED 36 YEARS SON OF RAJAN, PUNNACKAL VEEDU, VEESHLY, KANTHALAM, KAIRADI.P.O, PALAKKAD, PIN - 678510 2 LIBIN AGED 26 YEARS SON OF THAMBI, KURUKUNJIYIL VEEDU, VEESHLY, KANTHALAM, KAIRADI.P.O, PALAKKAD, PIN - 678510 3 RENJITH AGED 24 YEARS SON OF RAMAKRISHNAN, VEESHLY, KANTHALAM, KAIRADI.P.O, PALAKKAD, PIN - 678510 4 RAGESH AGED 32 YEARS SON OF RAJAN, PUNNACKAL VEEDU, VEESHLY, KANTHALAM, KAIRADI.P.O, PALAKKAD, PIN - 678510 5 RENJITH AGED 31 YEARS SON OF RAGHAVAN, PARACKAL VEEDU, VEESHLY, KANTHALAM, KAIRADI.P.O, PALAKKAD, PIN - 678510 BY ADV V.A.JOHNSON (VARIKKAPPALLIL)

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULUM, PIN - 682031 2 RAHUL

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Crl.M.C.No.1443 of 2022

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AGED 26 YEARS SON OF CHANDRAN, PUNNAPPADAM, ELAVAMPDAM.P.O, ALATHUR, PALAKKAD, PIN - 678684 3 NIBIN AGED 24 YEARS SON OF JAYAPREKASH, NADUPPADAM VEEDU, OLIPPARA, KAIRADI.P.O, PALAKKAD, PIN - 678510

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SRI HRITHWIK C.S-SR.PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.1443 of 2022

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ORDER

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Petitioners are the accused in S.C.No.789/2020 on the file of the Additional Sessions Court-II, Palakkad, which originated from the final report in Crime No.270/2019 of Mangalamdam police station. The crime was registered alleging offence punishable under Sections 143, 147, 148, 201, 324 and 308 read with 149 of the IPC. There are five accused in the case. The crime was registered on the first information furnished by the 2^nd respondent. It is alleged that on 13.12.2019 at 20:15 hous, while CW1, the 2^nd respondent was moving on his motorcycle through the Mangalamadam-Vandazhi public road near the junction, towards Veettikkalkadavu, he was intercepted by the accused persons and in prosecution of their common object of the unlawful assembly, the 4^th accused assaulted the 2^nd respondent with a sword aiming at his head, which was resisted with his hand. The 2^nd accused had assaulted him with an iron pipe on different parts of his person. When he was again assaulted with the sword, CW2 the 3^rd respondent intervened and resisted it; if that has not resisted, assault would have hit his head and it would have resulted in his death. Thus

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the above stated offences are alleged against the petitioners. Now

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Crl.M.C.No.1443 of 2022

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contending that the matter is settled with respondents 2 and 3, the petitioners seek to quash the proceedings under Section 482 of the Cr.P.C.

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I heard the learned counsel for the petitioners and also the learned Senior Public Prosecutor. Learned Senior Public Prosecutor has confirmed the settlement.

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Annexures 2 and 3 affidavits of respondents 2 and 3 indicate that the matter is settled and they do not want to continue the proceedings. Even though wound certificates are not available before the Court, on the version in the first information statement and the charge sheet, it is clear that the respondents did not suffer serious injuries in the occurrence. Even though attempts were made against their life and the assault had aimed on his head, they had resisted it. In the circumstances and in the absence of any public interest, entire proceedings in S.C.No.789/2020 are quashed and the petitioners shall stand exonerated.

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Crl.M.C is allowed as above.

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K.HARIPAL JUDGE

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Jms/05.04

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//True Copy// P.A to Judge

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Crl.M.C.No.1443 of 2022

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APPENDIX OF CRL.MC 1443/2022

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PETITIONER ANNEXURES

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Annexure1 TRUE COPY OF THE FINAL REPORT IN S.C.NO.789/2020 OF THE COURT OF IVTH ADDL.SESSIONS JUDGE (FAST TRACK NO.II), PALAKKAD Annexure2 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT HEREIN EVIDENCING THE AFORESAID FACTUM OF SETTLEMENT Annexure3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT HEREIN EVIDENCING THE AFORESAID FACTUM OF SETTLEMENT

Santhosh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Santhosh v. State of Kerala

Case brief

What is this about?

What did the court decide?

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