Allowed

Rahul N.S v. State of Kerala

Kerala HC4 Feb 2022Crl.MC/1589/2021

Case brief

AI extract

What is this about?

High Court of Kerala quashed criminal proceedings (SC 886/2018) initiated in an assault case. The court held that since injuries were simple, the complainant had settled the dispute with mediators, and condoned the accused's acts with no public interest involved, Section 482 Cr.P.C. jurisdiction was invoked to exonerate the petitioners.

What did the court decide?

Entire proceedings in S.C. No. 886 of 2018 pending before the Assistant Sessions Court, Hosdurg are quashed and petitioners shall stand exonerated.

Rahul N.S 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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FRIDAY, THE 4^TH DAY OF FEBRUARY 2022 / 15TH MAGHA, 1943

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CRL.MC NO. 1589 OF 2021

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(CRIME NO. 875 OF 2017 OF HOSDURG POLICE STATION)

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AGAINST THE ORDER/JUDGMENT IN SC 886/2018 OF SUB COURT, HOSDRUG

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PETITIONERS/ACCUSED:

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1 RAHUL N.S AGED 32 YEARS S/O.SAHARAJAN, NEAR SUBRAMAMANYA MADAM, MATHAYI MUKKU, AJANUR VILLAGE, KASARGOD DISTRICT 671 531

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2 SAJITH A.K. AGED 30 YEARS S/O.SATHYAN K.K. NEAR EMS MANDIR, AJANUR KADAPPURAM, AJANUR VILLAGE, KASARGOD DISTRICT 671 531

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3 BABURAJ T. AGED 31 YEARS S/O.DAMODARAN, PAYANGAPPADAM HOUE, MONNACHA, PUTHUKKAI VILLAGE, KASARAGOD 671 314

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4 AVINASH KUMAR H.D. AGED 29 YEARS

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S/O.DAYANANDA, NEAR BHARATH BEEDI COMPANY, HOSDURG, HOSDURG VILLAGE, KASARAGOD 671 315 BY ADV P.K.SUBHASH

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RESPONDENTS/STATE & COMPLAINANT:

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1 STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031

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2 SUDHEESH K AGED 32 YEARS S/O.VASU, KARUVALAM, PADANNAKKADU, KANHANGAD, KASARAGOD DISTRICT 671 531 BY ADV S.ANU

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SR. PP - SRI. HRITHWIK C.S.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 1589 OF 2021

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ORDER

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Petitioners are the accused in S.C. No. 886 of 2018 pending before the Assistant Sessions Court, Hosdurg which arose from the final report in Crime No. 875 of 2017 of Hosdurg police station registered on 18.08.2017 alleging offence punishable under Sections 143, 147, 148, 294(b), 323, 324, 308 read with 149 of the IPC.

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The crime had originated on the First Information Statement furnished by the 2^nd respondent alleging the above stated offences alleging that he was assaulted and injured by the accused persons on 17.08.2017 at 18.15 hours. On conclusion of investigation, charge sheet reached the Court and now the petitioners have moved this Court on the premise that the case is settled with the 2^nd respondent. Therefore entire proceedings are sought to be quashed under Section 482 of the Cr.P.C.

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CRL.MC NO. 1589 OF 2021

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I heard the learned counsel for the petitioners, the learned Senior Public Prosecutor, and also perused the wound certificate.

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The allegation is that the accused persons, four in number,

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along with six identifiable persons, formed an unlawful assembly and in prosecution of their common object carried lethal weapons attacked and injured the de facto complainant with a knife; the 1^st accused at first stabbed him behind his head with a knife and also beat him with an iron stick. When he had run away from the place he was chased and again assaulted with a wooden stick. This caused him injuries. The wound certificate shows that he was taken to the Yenepoya Medical College Hospital, Mangalore on 17.08.2017 with the alleged history of assault on 17.08.2017 at 6 PM with soft tissue injuries to the left parieto occipital scalp region. He was discharged from the hospital on the following day. It seems that injuries sustained by him were simple in nature.

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The learned Senior Public Prosecutor has confirmed the settlement reached with the 2^nd respondent. Moreover, AnnexureAIII affidavit of the 2^nd respondent also indicates that at the

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CRL.MC NO. 1589 OF 2021

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intervention of mediators in the locality he has settled the case

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with the accused persons and he does not want to prosecute the petitioners and has no objection in quashing the proceedings.

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As noticed earlier, injuries sustained were not serious in nature. The 2^nd respondent has condoned the acts of the petitioners and no public interest is involved in the case. In such a case, if the parties approach the Court for quashing the proceedings, this Court cannot refuse to invoke its jurisdiction under Section 482 of the Cr.P.C. Therefore, entire proceedings in S.C. No. 886 of 2018 pending before the Assistant Sessions Court, Hosdurg are quashed and the petitioners shall stand exonerated.

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The Criminal Miscellaneous Case is allowed as above.

Sd/-

K. HARIPAL

JUDGE

RMV/04/02/2022

APPENDIX OF CRL.MC 1589/2021

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PETITIONER ANNEXURES ANNEXURE AI CERTIFIED COPY OF THE FIR IN CRIME NO.875 OF 2017 OF HOSDURG POLICE STATION. ANNEXURE AII CERTIFIED COPY OF THE FINAL REPORT. ANNEXURE AIII A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE RESPONDENT NO.2 ENDORSING THE FACTUM OF COMPOUNDING OF THE SAID OFFENCES AND THE SETTLEMENT OF THE DISPUTES.

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TRUE COPY

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P.A.TO JUDGE

Rahul N.S v. State of Kerala

Case brief

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Rahul N.S v. State of Kerala

Case brief

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