Arun Shaji v. THE STATE OF KERALA
Court: High Court of Kerala
Bench: HONOURABLE MR. JUSTICE A. BADHARUDEEN
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-07-22. Arun Shaji v. THE STATE OF KERALA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN ND MONDAY, THE 22 DAY OF JULY 2024 / 31ST ASHADHA, 1946 CRL. MC NO. 5374 OF 2024 CRIME NO. 432/2024 OF KARUKACHAL POLICE STATION, KOTTAYAM PETITIONER/ACCUSED: ARUN SHAJI, AGED 32 YEARS, S/O SHAJI, BANGLANKUNNEL HOUSE, KARUKACHAL, KOTTAYAM DISTRICT, PIN-686540. BY ADVS. M. P. MADHAVANKUTTY MATHEW DEVASSI ANANTHAKRISHNAN A. KARTHA RESPONDENTS/STATE & DEFACTO COMPLAINANT: 1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031. 2 THE STATION HOUSE OFFICER, KARUKACHAL POLICE STATION, KOTTAYAM, PIN 686540. 3 PAMPI HATIBARUAH, AGED 24 YEARS, W/O HIRANJYOTHIHATIBARUAH, ALACKAPPARAMBIL HOUSE, KARUKACHAL, KOTTAYAM DISTRICT, PIN-686540. 4 BISHAL KANDULNA, AGED 24 YEARS, DHUMJIPARA TEA GARDEN, EAST CHURCH LINE, RARIJHORA, WEST BENGAL, NOW RESIDING AT ALACKAPPARAMBIL HOUSE, KARUKACHAL P. O, KOTTAYAM DISTRICT, PIN–686540. R1&R2 SRI.
RENJIT GEORGE, SENIOR PUBLIC PROSECUTOR R3&R4 ADV. SANTHI M. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22. 07. 2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl. M. C. No. 5374 of 2024 -2- ORDER nd Dated this the 22 day of July, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings pursuant to Annexure-I FIR in Crime No. 432/2024 of Karukachal Police Station, Kottayam. Petitioner herein is the accused in the above case. 2. Heard the learned counsel for the petitioner, the learned counsel appearing for the defacto complainant and the learned Public Prosecutor. 3. In this matter, prosecution alleges commission of offences punishable under Sections 294(b), 341, 323, 324, 427, 354 and 354B of the Indian Penal Code. 4.
Separate affidavits sworn by the defacto complainant and the injured person have been placed stating that the matter has been settled in between them and they have no grievance in the matter of quashing the proceedings. Crl. M. C. No. 5374 of 2024 -3- 5. The learned Public Prosecutor also submitted that the matter has been settled between the parties and statement of the defacto complainant to that effect has been recorded. 6. Though it is submitted by the learned Public Prosecutor that going by the FIS, the name of the injured is 'Vishal', the affidavit filed by one 'Bishal Kandulna, a native of West Bengal, the learned Public Prosecutor further submitted that statements of both injured persons recorded supporting the settlement. On perusal of the records, the same would show that the name referred to in the FIS as 'Vishal' is none other than 'Bishal Kandulna', as specifically pointed by the learned counsel for the petitioner. Therefore, the settlement can be acted upon. 7.
Since the matter has been amicably settled between the parties, there is no reason to disallow the prayer for quashment, so as to retain them in hazards of litigation. Therefore, in the interest of justice, I am inclined to allow this petition. Crl. M. C. No. 5374 of 2024 -4- 8. In the result, this petition stands allowed. Annexure-I FIR in Crime No. 432/2024 of Karukachal Police Station, Kottayam, and the proceedings thereof stand quashed. Sd/- A. BADHARUDEEN JUDGE bpr Crl. M. C. No. 5374 of 2024 -5- APPENDIX OF CRL. MC 5374/2024 PETITIONER'S ANNEXURES Annexure-I THE CERTIFIED COPY OF FIR AND FIS IN CRIME NO. 432/2024 DATED 04/05/2024 BEFORE THE KARUKACHAL POLICE STATION Annexure-II A TRUE COPY OF THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 9/5/2024 Annexure-III A TRUE COPY OF THE AFFIDAVIT SWORN BY THE 4TH RESPONDENT DATED 9/5/2024
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.