Quashed
Bency V.S. v. State of Kerala
Kerala HCCrl.MC/432/2022
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
CRL.MC NO. 432 OF 2022
(CRIME NO.3/2022 OF MANNANCHERY POLICE STATION, ALAPPUZHA
DISTRICT)
PETITIONER/ACCUSED:
BENCY V.S. AGED 49 YEARS S/O. SURENDRAN, VILLANNOOR, VAYALAR P.O., CHERTHALA, ALAPPUZHA DISTRICT 688 536. BY ADV R.UMASANKAR
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031. 2 ATHIRA R. NAIR, AGED 31 YEARS W/O. SREENISH KUMAR, PALLIKKALCHIRA P.O., PAYIPPD, CHANGANACHERY, KOTTAYAM 686 537. 3 SREENISHKUMAR V.G. AGED 36 YEARS S/O. GOPALAPANICKER, OTTAPLACKAL, PAYIPPAD, CHANGANACHERY, KOTTAYAM 686 011. BY ADV S.GULZAR SR.PP - SMT.SREEJA V.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.432 of 2022
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O R D E R
Petitioner is the accused in Crime No.3/2022 of
Mannanchery police station registered on 01.01.2022 alleging offence under Sections 279, 337 and 338 of the IPC. Defacto complainant is one Athira R.Nair, the 2nd respondent, wife of the injured. It is alleged that on 31.12.2021 at 02:45 p.m, at Kalavoor junction the accused had driven jeep bearing registration No.KL.01-CM-6578 owned by the Excise Department in a rash and negligent manner and when it was twisted towards right in a negligent manner with the intention of overtaking other vehicles, knocked down the scooter ridden by the 3rd respondent which was stationary waiting for signal at the junction, and caused grievous hurt to the 3rd respondent; his two teeth were lost and also he sustained other injuries on different parts of his person. Thus the crime was registered alleging offences under Sections 279, 337 and 338 of the IPC. The case is under investigation. Now the petitioner, the accused submits that the matter is settled with respondents 2 and 3 and on the ground of settlement, entire
Crl.M.C.No.432 of 2022
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proceedings are sought to be quashed.
learned Senior Public Prosecutor, who also endorsed the settlement reached between the parties.
suffered grievous hurt in the occurrence, the petitioner has compensated him. In the circumstances, respondents 2 and 3 have condoned the acts of the petitioner. In the light of the same and in the absence of any public interest, entire proceedings in Crime No.03/2022 of Mannanchery police station are quashed.
Crl.M.C is allowed as above.
Sd/- K.HARIPAL JUDGE
Jms/24.02
//True Copy// P.A to Judge
Crl.M.C.No.432 of 2022
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APPENDIX OF CRL.MC 432/2022
PETITIONER ANNEXURES
| Annexure 1 | CERTIFIED COPY OF THE F.I.R. IN CRIME NO. |
|---|---|
| 3/2022 OF MANNACHERY POLICE STATION FIELD, | |
| BEFORE THE JFMC -II, ALAPPUZHA. | |
| Annexure 1 (A) | CERTIFIED COPY OF THE F.I.S. IN CRIME NO. |
| 3/2022 OF MANNACHERY POLICE STATION FILED | |
| BEFORE THE JFMC -II ALAPPUZHA. | |
| Annexure II | AFFIDAVIT SWORN BY THE 2ND RESPONDENT/ |
| DEFACTO COMPLAINANT DATED 05.01.2022. | |
| Annexure II (A) | AFFIDAVIT SWORN BY THE 3RD RESPONDENT INJURED |
| DATED 05.01.2022. | |
| Annexure III | ORIGINAL OF THE RECEIPT DATED 05.01.2022. |
STATE OF KERALA
ATHIRA R. NAIR
SREENISHKUMAR V.G.
K. HARIPAL
As recorded by the court registry
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