Dhijish @ Dhiji v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 2ND DAY OF NOVEMBER 2015/11TH KARTHIKA, 1937 ---------------------------------- SC 1090/2010 of II ADDITIONAL ASSISTANT SESSIONS COURT,THRISSUR CRIME NO. 1298/2009 OF KUNNAMKULAM POLICE STATION, THRISSUR ------------------ PETITIONERS/ACCUSED:
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1. DHIJISH @ DHIJI, AGED 34 YEARS, S/O.KUNJUMON, CHERULI HOUSE, ANJOOR VILLAGE, ANJOOR DESOM, THRISSUR DISTRICT.
2. LENIN DAS, AGED 30 YEARS, S/O.SIVADAS, POLIYATH HOUSE, ANJOOR VILLAGE, ANJOOR DESOM, THRISSUR DISTRICT.
3. DHAJISH @ DHAJI, AGED 32 YEARS, S/O.KUNJUMON, CHERULI HOUSE, ANJOOR VILLAGE, ANJOOR DESOM, THRISSUR DISTRICT.
4. VISWANATHAN @ VICHU, AGED 34 YEARS, KADAMBULLY HOUSE, ANJOOR VILLAGE, ANJOOR DESOM THRISSUR DISTRICT.
5. RAVI, AGED 52 YEARS, W/O.KUNJAPOO, CHERIKALLIL HOUSE, ANJOOR VILLAGE, ANJOOR DESOM, THRISSUR DISTRICT.
BY ADV. SRI.P.K.SAJEEV RESPONDENTS/COMPLAINANT & INJURED:
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1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682031.
2. PRABHATH,, AGED 29 YEARS, S/O.MADHAVAN, KODAKALLINGAL HOUSE, CHERUVATHANI DESOM ANJOOR VILLAGE, ANJOOR.P.O, THRISSUR DISTRICT-680523. .....2/-
..2..
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3. SUJEESH, AGED 27 YEARS, S/O.RAJAN, PARAMEL HOUSE, ANJOOR VILLAGE, ANJOOR DESOM, THRISSUR DISTRICT-680523.
R1 BY PUBLIC PROSECUTOR SMT.SAREENA R2-3 BY ADV. SRI.M.H.HANIL KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
--------------------------------- APPENDIX PETITIONER(S)' ANNEXURES ---------------------------------------- ANNEXURE-A1 TRUE COPY OF FINAL REPORT IN CRIME NO.ALONG WITH THE FIRST INFORMATION STATEMENT IN CRIME NO.1298/2009 OF KUNNAMKULAM POLICE STATION,THRISSUR DISTRICT. ANNEXURE-A2 TRUE COPY OF ACCIDENT REGISTER-CUM-WOUND CERTIFICATE OF THE 2ND RESPONDENT DATED 07.12.2009 ISSUED FROM ROYAL HOSPITAL,KUNNAMKULAM ANNEXURE-A3 TRUE COPY OF ACCIDENT REGISTER-CUM-WOUND CERTIFICATE OF THE 3RD RESPONDENT DATED 07.12.2009 ISSUED FROM ROYAL HOSPITAL,KUNNAMKULAM ANNEXURE-A4 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.1299/09 OF KUNNAMKULAM POLICE STATION,THRISSUR DISTRICT.
ANNEXURE-A5 THE AFFIDAVIT OF THE 2ND RESPONDENT DATED 26.09.2015 ANNEXURE-A6 THE AFFIDAVIT OF THE 3RD RESPONDENT DATED 26.09.2015. RESPONDENT(S)' ANNEXURES ------------------------------------------- NIL.
/ TRUE COPY / P.S. TO JUDGE
B.KEMAL PASHA, J.
====================== Crl.M.C. No. 6896 of 2015 ======================= Dated this the 2nd day of November, 2015
O R D E R
The petitioners are the accused in S.C.No.1090 of 2010 of the IInd Additional Assistant Sessions Court, Thrissur, which has arisen from Crime No.1298 of 2009 of the Kunnamkulam Police Station, for the offences punishable under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 IPC.
2. The allegation against the petitioners is that they have attacked the defacto complainant and the other injured witness with iron pipes, thereby attempting to commit culpable homicide. On going through the wound certificates as well as the acts alleged against the petitioners, it is evident that there are no
Crl.M.C. No.6896 of 2015 sufficient ingredients to invite an offence under Section 308 IPC in the matter. No criminal antecedents have been reported against the petitioners.
3. Presently the matter has been amicably settled between the parties. There is a counter to this case as Crime No.1299 of 2009 of the said Police Station, which is pending as S.C.No.353 of 2014 of the court below. Both the matters are amicably settled between the parties.
4. Respondents 2 and 3 herein, who are the defacto complainant and the other injured witness, have filed separate affidavits as Annexure-A5 and Annexure-A6, affirming that the matter has been amicably settled by them with the petitioners and they have no complaints against the petitioners. When the matters involved in both the case as well as the counter are settled, no purpose would be served in proceeding with the matter any further. Matters being so, all further proceedings in S.C.No.1090 of 2010 of the IInd Additional Assistant Sessions
Crl.M.C. No.6896 of 2015 Court, Thrissur, based on Annexure-A1 Final Report in Crime No.1298 of 2009 of the Kunnamkulam Police Station, can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings in S.C.No.1090 of 2010 of the IInd Additional Assistant Sessions Court, Thrissur, based on Annexure-A1 Final Report in Crime No.1298 of 2009 of the Kunnamkulam Police Station, are hereby quashed.
Sd/- B.KEMAL PASHA JUDGE DSV/3/11/15 // True Copy // P.A. To Judge