High Court of Kerala quashed criminal proceedings against two accused persons alleging assault and public nuisance, observing that the matter was amicably settled and the complainant had condoned the acts without sustaining serious injuries or public interest.
Entire proceedings in C.C. No. 1160/2017 are quashed and petitioners shall stand exonerated.
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 K.HARIPAL
FRIDAY, THE 1ST DAY OF APRIL 2022 / 11TH CHAITHRA, 1944
CRL.MC NO. 423 OF 2022
CC 1160/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - III, KOLLAM
CRIME NO. 2134/2017 OF PALLITHOTTAM POLICE STATION PETITIONERS/ACCUSED NO. 1 & 2:
1 ABIN ALOCIOUS AGED 30 YEARS, S/O ALOCIOUS, VADI THOPPIL PURAYIDOM, KAIKULANGARA CHERRY, KOLLAM WEST VILLAGE, THANKASSERY P. O., KOLLAM DISTRICT. - 691 007.
2 JAISON EDWIN AGED 27 YEARS S/O EDWIN, S. A. NIVAS, NEAR THANKASSERY LIGHT HOUSE, KOLLAM WEST VILLAGE, THANKASSERY P. O., KOLLAM DISTRICT. - 691 007.
BY ADV. M.RAJESH
RESPONDENTS/COMPLAINANTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 THE SUB INSPECTOR OF POLICE, PALLITHOTTAM POLICE STATION, PALLITHOTTAM P. O., KOLLAM DIST. - 691 303.
3 CLINTON AGED 26 YEARS S/O RUBIN, THEVALLYPURAYIDOM, KAIKULANGARA CHERRY, KOLLAM WEST VILLAGE, PALLITHOTTAM P. O., KOLLAM DIST. - 691 003.
R1 & R2 BY SRI VIPIN NARAYAN, SENIOR PUBLIC PROSECUTOR R3 BY ADV C.R.JAYAKUMAR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.423 OF 2022 2
ORDER
Petitioners are the accused in C.C.No. 1160/2017 on the file of the Judicial First Class Magistrate’s Court – III, Kollam which was originated from the final report in Crime No. 2134/2017 of Pallithottam police station where offences under Sections 294(b), 341, 323, 324 read with 34 of the Indian Penal Code are alleged against the petitioners. The alleged incident had happened on 14.12.2017 at 22.00 hours. It is alleged that when the defacto complainant was moving on his motor cycle, he was wrongfully restrained on the public road, was pushed out of the motor cycle, abused, manhandled and also assaulted with a bamboo stick and thus, caused him injuries. Petitioners now claim that the case is settled. Therefore, entire proceedings are sought to be quashed under Section 482 of the Code of Criminal Procedure.
Crl.M.C.No.423 OF 2022 3
settled and he does not want to pursue the proceedings. It does not seem that the third respondent had sustained serious injuries in the occurrence. He has condoned the acts of the petitioners and there is no public interest involved.
The Crl. M.C. is allowed as above.
SD/-
K.HARIPAL
JUDGE
DCS/01.04.2022
Crl.M.C.No.423 OF 2022 4
APPENDIX
PETITIONER'S ANNEXURE
ANNEXURE 1 A TRUE COPY OF THE CHARGE SHEET IN CRIME NO.2134/2017 OF PALLITHOTTAM POLICE STATION.
ANNEXURE 2 AN AFFIDAVIT DATED 16.01.2022 SUBMITTED BY THE 3RD RESPONDENT.
3 issues framed by the court
Whether the proceedings under Sections 294(b), 341, 323, 324 and 34 IPC should be quashed in view of settlement and lack of serious injury.
Whether public interest is involved in the alleged offence of assault and nuisance.
Whether the accused should be exonerated from the pending criminal charges.
2 provisions across 2 enactments
Abin Alocious
Jaison Edwin
State of Kerala
Clinton
K. Haripal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
