Allowed

Shaju v. State of Kerala

Kerala HC10 Feb 2022Crl.MC/66/2022

Case brief

AI extract

What is this about?

In a criminal miscellaneous case, petitioners accused of offences under the IPC sought quashing of proceedings alleging a settled matter. The court noted the settlement and lack of serious injuries, exercising discretion under Section 482 Cr.P.C. to quash the proceedings as no public interest was involved.

What did the court decide?

The entire proceedings in S.C. No. 1495 of 2015 are quashed and petitioners stand exonerated.

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

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE K.HARIPAL

¶4

THURSDAY, THE 10^TH DAY OF FEBRUARY 2022 / 21ST MAGHA, 1943

¶5

CRL.MC NO. 66 OF 2022

¶6

(CRIME NO. 836 OF 2015 OF POONTHURA POLICE STATION)

¶7

PETITIONER:

¶8

1 SHAJU AGED 42 YEARS S/O. ABDUL MAJEED, RESIDING AT SARALADEVIS HOUSE, FIDAS, T.C.43/637 (4), ARYANKUZHI, KAMALESWARAM WARD, MUTTATHARA VILLAGE THIRUVANANTHAPURAM, PIN - 695009 2 VINSHAD AGED 34 YEARS SHAJAHAN, VIJINA MANZIL, T.C.43/626-2, ARYANKUZHI, KAMALESWARAM WARD, MUTTATHARA VILLAGE THIRUVANANTHAPURAM, PIN - 695005 3 MUHAMMED SHAMEEM AGED 30 YEARS S/O. MUHAMMED SALI, MUDUMBIN HOUSE, T.C.43/666, KAMALESWARAM WARD, MUTTATHARA VILLAGE THIRUVANANTHAPURAM, PIN - 695005 4 ANAS AGED 30 YEARS S/O. ABDUL RASHEED, PAZHANCHIRAVILAKATHU VEEDU, T.C.48/271 (2), PAZHANCHIRA, AMBALATHARA WARD, MUTTATHARA VILLAGE THIRUVANANTHAPURAM, PIN - 695005 5 MOHAMMED SHIYAS AGED 30 YEARS S/O. MOHAMMED SALI, T.C.43/666 (3), NEERATTINKARA, KAMALESWARAM WARD, MUTTATHARA VILLAGE THIRUVANANTHAPURAM, PIN - 695005 6 SHAMNAD AGED 38 YEARS S/O. MOHAMMED SALI, MUDUMBIN HOUSE, T.C.43/666, KAMALESWARAM WARD, MUTTATHARA VILLAGE THIRUVANANTHAPURAM, PIN - 695005 7 NOUSHAD AGED 42 YEARS S/O. SIYAVUDEEN, RADHAKRISHNA LANE, T.C.48/414, PARAVANKUNNU, AMBALATHARA WARD, MUTTATHARA VILLAGE THIRUVANANTHAPURAM, PIN - 695005 BY ADV SHAJIN S.HAMEED

¶9

RESPONDENTS:

¶10

CRL.MC NO. 66 OF 2022

¶11

¶12

1 STATE OF KERALA HIGH COURT OF KERALA ERNAKULAM, PIN - 682031

¶13

2 SHAJAHAN AGED 41 YEARS S/O. PEERU MOHAMMED, T.C. 48/470, H.NO.70, JUBILEE NAGAR RESIDENTS ASSOCIATION, KALATTUMUKKU, AMBALATHURA WARD, MUTTATHARA VILLAGE THIRUVANANTHAPURAM, PIN - 609005

¶14

3 MOHAMMED WASIM ASLAM AGED 29 YEARS S/O. KAMAL, H.NO.48, T.C.48/506, MYTHRI NAGAR, AMBALATHARA WARD, MUTTATHARA VILLAGE THIRUVANANTHAPURAM, PIN - 609005

¶15

4 SHANAVAS AGED 32 YEARS S/O. PEERU MOHAMMED, T.C. 48/470, H.NO.70, JUBILEE NAGAR RESIDENTS ASSOCIATION, KALATTUMUKKU, AMBALATHURA WARD, MUTTATHARA VILLAGE THIRUVANANTHAPURAM, PIN - 690005 BY ADV PUBLIC PROSECUTOR

¶16

SR.PP - SMT. SREEJA V.

¶17

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.02.2022, THE COURT

¶18

ON THE SAME DAY PASSED THE FOLLOWING:

¶19

CRL.MC NO. 66 OF 2022

¶20

¶21

ORDER

¶22

Petitioners are the accused in S.C. No. 1495 of 2015 on

¶23

the file of the 1^st Additional Assistant Sessions Court, Thiruvananthapuram which arose from the final report in Crime No. 836 of 2015 of Poothura police station. That crime was registered on 01.06.2015 alleging offence punishable under Sections 143, 147, 148, 447, 294(b), 341, 323, 324, 506(ii), 427, 308 read with 149 of the IPC.

¶24

The alleged incident had happened on 31.05.2015 at

¶25

21.30 hours. It is alleged that the accused persons had formed an unlawful assembly and in prosecution of their common object carried lethal weapons like a wooden stick, dagger, etc trespassed upon the property of CW1, the 2nd respondent and dragged him out and assaulted and injured him with the wooden stick and dagger. When he was attacked on the head with the dagger he evaded the same; the attack with the wooden stick hit on his face and he sustained grievous injuries. When he ran away from the place, accused persons chased him and again attacked him with the wooden stick. When CWs2

¶26

CRL.MC NO. 66 OF 2022

¶27

¶28

and 3 who are respondents 3 and 4 tried to intervene, they were

¶29

also attacked and injured. Thus the above stated offences were

¶30

committed by the accused.

¶31

Now it is contended that the matter is settled with respondents 2 to 4 and therefore entire proceedings are sought to be quashed under Section 482 of the Cr.P.C.

¶32

I heard the learned counsel for the petitioners and also the learned Senior Public Prosecutor.

¶33

The learned Senior Public Prosecutor has confirmed the settlement reached between parties.

¶34

My attention has also been drawn to the copy of the wound certificate of the 2^nd respondent which indicates that he was taken to Govt. Hospital, Thiruvananthapuram on 31.03.2015 with lacerated wound and contusion on the scapular region. From the wound certificate, it does not seem that he had sustained serious injuries in the occurrence. In Annexure-2

¶35

to 4 affidavits of the party respondents have stated uniformly

¶36

that the dispute between themselves and the petitioners was

¶37

CRL.MC NO. 66 OF 2022

¶38

¶39

purely personal in nature which was settled amicably and they

¶40

do not want to continue the proceedings.

¶41

In the circumstances and in the absence of any public

¶42

interest involved, entire proceedings in S.C. No. 1495 of 2015 on the file of the 1^st Additional Assistant Sessions Court, Thiruvananthapuram are quashed and the petitioners shall stand exonerated.

¶43

The Criminal Miscellaneous Case is allowed as above.

Sd/-

K. HARIPAL

JUDGE

RMV/10/02/2022

APPENDIX OF CRL.MC 66/2022

¶50

PETITIONER ANNEXURES Annexure1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.836/2015 OF POONTHURA POLICE STATION, THIRUVANANTHAPURAM DISTRICT. Annexure2 AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT/CW1. Annexure3 AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT/CW2. Annexure4 AFFIDAVIT EXECUTED BY THE 4TH RESPONDENT/CW3

¶51

TRUE COPY

¶52

P.A.TO JUDGE

Shaju v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shaju v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Swaminathan, Vs State of Kerala

Shibu Varghese, Vs State of Kerala

Lijeesh Vs State of Kerala

Robin Thomas Vs the State of Kerala

Afsal Anthrakandi Vs Chandran .K.K

Aboobacker Vs State of Kerala