High Court of KeralaCrl.MC/1993/2015disposed of

Binu v. Vishnu Raj

2015-06-02Honourable Mr. Justice Alexander Thomas4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 Crl.MC.No. 1993 of 2015 --------------------------- CRIME NO. 1885/2014 OF PATHANAMTHITTA POLICE STATION. .........

PETITIONER/ACCUSED:

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1. BINU, AGED 32, S/O.VIJAYANACHARI, ILANJIPPURATH HOUSE, VALAVOONKAL, MYLADUPARA, KUMBAZHA MURI, PATHANAMTHITTA.

2. VIPIN, AGED 20 YEARS, S/O.THULASEEDHARAN PILLAI, ILANJIPPURATH HOUSE, VALAVOONKAL, MYLADUPARA, KUMBAZHA MURI, PATHANAMTHITTA.

3. THULASEEDHARAN PILLAI, AGED 48 YEARS, ILANJIPPURATH HOUSE, VALAVOONKAL, MYLADUPARA, KUMBAZHA MURI, PATHANAMTHITTA.

BY ADV. SRI.M.T.SURESHKUMAR RESPONDENT(S)/RESPONDENTS:

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1. VISHNU RAJ, AGED 26 YEARS,S/O.VIJAYARAJAN, NAKKARA VELLAVOOR HOUSE, THAZHAM, MALAYALAPPUZHA VILLAGE, PATHANAMTHITTA DISTRICT - 689 645.

2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI 682 031.

R1 BY ADV. SMT.T.J.SEEMA R2 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1993 of 2015 --------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

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TRUE COPY OF THE FIRST INFORMATION REPORT AND STATEMENT DATED 12.10.14 IN CRIME NO.1885 OF 2014 OF PATHANAMTHITTA POLICE STATION.

RESPONDENTS' ANNEXURES:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

ALEXANDER THOMAS, J.

----------------------------- Crl.M.C.No.1993 Of 2015 --------------------------------- Dated this the 2 nd day of June, 2015.

O R D E R

The petitioners herein are the accused Nos.1 to 3 in impugned Annexure-A1 Crime No.1885/2014 of Pathanamthitta Police Station registered for offences under Secs.341, 323, 326 r/w 34 IPC. The 1st respondent is the defacto complainant and the injured at whose instance the impugned crime was registered. The gist of the above said impugned crime is that the petitioners had assaulted the defacto complainant (1st respondent) with an iron rod and inflicted injuries etc. It is stated that the entire disputes between the parties have mutually resolved to their best satisfaction as evident from the affidavit sworn to by the defacto complainant (R1) stating that all such disputes have been resolved and he has no objection in quashing the impugned criminal proceedings against the petitioners.

After having heard all the parties concerned and on a perusal of the averments in the Crl.M.C and a close scrutiny of the affidavit sworn to by the defacto complainant and after hearing all concerned including the learned Public Prosecutor this Court is of the

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Crl.M.C.No.1993 Of 2015 considered opinion that the prayer for quashment in the instant case could be considered in the light of the legal principles settled by this Court.

In the above facts and circumstances, it is ordered in the interest of justice that the impugned Annexure-A1 FIR in Crime No.1885/2014 of Pathanamthitta Police Station and all further proceedings arising there from pending against the petitioners stand quashed under Sec. 482 of the Code of Criminal Procedure. With these observations and directions, this Crl.M.C stands finally disposed of.

ALEXANDER THOMAS, Judge.

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