The High Court of Kerala allowed a Criminal Miscellaneous petition to quash criminal proceedings involving alleged assault and unlawful assembly in Thiruvalla, noting settlement between parties and absence of serious injury or public interest.
Entire proceedings in C.C. No. 1409 of 2018 are quashed and the petitioners are 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
THURSDAY, THE 17TH DAY OF FEBRUARY 2022 / 28TH MAGHA, 1943
CRL.MC NO. 472 OF 2022
CRIME NO. 1128/2017 OF KEEZHVAYIPUR POLICE STATION
AGAINST THE ORDER/JUDGMENT IN CC 1409/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,
THIRUVALLA
PETITIONERS/ACCUSED NOS. 1 TO 6:
1 RATHEESH PETER AGED 25 YEARS S/O.P.J.PETER, PUTHANPURAKKAL HOUSE, PARIYARAM P.O., KALLOOPARA, MALLAPPALLY, PATHANAMTHITTA DISTRICT, PIN - 670 502. 2 C.V.MOHANAN AGED 54 YEARS
S/O.SIBIKUTTAN, KUNNEL HOUSE, HANUMAN KUNNU, ANICADU, PATHANAMTHITTA DISTRICT, PIN - 689 589. 6 ALPHIN SANI AGED 26 YEARS S/O.SUNNY JOHNSON, PANTHRANDUPARAYIL HOUSE, NARAKATHANI, KEEZHAVAIPUR, MALLAPPALLAY, PATHANAMTHITTA DISTRICT, PIN - 670 502. BY ADVS. SURIN GEORGE IPE ADITHYA RAJEEV
RESPONDENT/STATE, DE FACTO COMPLAINANT & INJURES:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI,
Crl. M. C. NO. 472 OF 2022
2
PIN - 682 031.
2 AKHIL OMANAKKUTTAN
AGED 31 YEARS
S/O.OMANAKKUTTAN NAIR, PUNNATHANATHIL HOUSE, PUNNATHANATTIL HOUSE, PALACKATHAKIDI, KUNNAMTHANAM P.O., MALLAPPALLY, PATHANAMTHITTA DISTRICT, PIN - 689 581. 3 ROHITH PRASAD AGED 26 YEARS
S/O.RAJENDRA PRASAD, VADAKKE IDASHERIYIL HOUSE, NJAALBHAGOM, KAVIYOOR P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689 582. 4 KEVIN DILIP AGED 25 YEARS
S/O.DILIP, VALAMPARAMPIL HOUSE, KEEZHVAIPUR P.O., MALLAPPALLY, PATHANAMTHITTA DISTRICT, PIN - 689 586. BY ADVS.
VIVEK VARGHESE P.J. VARUGHESE M EASO
SR.PP - SMT. SREEJA V.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl. M. C. NO. 472 OF 2022
3
O R D E R
Petitioners are the accused in C. C. No. 1409 of 2018 on
the file of the Judicial First Class Magistrate's Court, Thiruvalla which came out of the final report in Crime No. 1128 of 2017 of Keezhvayipur police station. Now the petitioners face allegations under Sections 143, 145, 147, 294(b), 323 read with 149 of the IPC.
Crl. M. C. NO. 472 OF 2022
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Senior Public Prosecutor who has confirmed the settlement.
The Criminal Miscellaneous Case is allowed as above.
Sd/-
K. HARIPAL JUDGE
RMV/17/02/2022
5
APPENDIX OF CRL.MC 472/2022
| PETITIONER ANNEXURES | |
|---|---|
| Annexure I | A TRUE COPY OF THE FIRST INFORMATION REPORT DATED |
| 23/06/2017 IN CRIME NO.1128 OF 2017 OF THE KEEZHVAIPUR | |
| POLICE STATION, PATHANAMTHITTA DISTRICT. | |
| Annexure II | CERTIFIED COPY OF THE FINAL REPORT DATED 30/06/2017 IN |
| CRIME NO.1128 OF 2017 OF THE KEEZHVAIPUR POLICE | |
| STATION, PATHANAMTHITTA DISTRICT. | |
| Annexure III | A TRUE COPY OF THE AFFIDAVIT DATED 14/01/2022 SWORN BY |
| THE 2ND RESPONDENT. | |
| Annexure IV | A TRUE COPY OF THE AFFIDAVIT DATED 14/01/2022 SWORN BY |
| THE 3RD RESPONDENT. | |
| Annexure V | A TRUE COPY OF THE AFFIDAVIT DATED 14/01/2022 SWORN BY |
| THE 4TH RESPONDENT. |
TRUE COPY
P.A.TO JUDGE
2 issues framed by the court
Whether the criminal proceedings should be quashed in view of the settlement between the accused and the de facto complainant.
Whether any public interest exists to override the parties' settlement in allowing the quashing of the entire criminal case.
RATHEESH PETER
C.V. MOHANAN
MUHAMMED ISMAIL
AJAYA RAJ
CYRIL
ALPHIN SANI
K. HARIPAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
