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2024 Supreme(Online)(KER) 22184
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 14TH DAY OF AUGUST 2024 / 23RD SRAVANA, 1946 CRL.MC NO. 8948 OF 2023 CRIME NO.122/2023 OF KUNDARA POLICE STATION, KOLLAM IN C.C. NO.428 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, KOLLAM PETITIONERS/ACCUSED NOS.1 TO 5:
1 AMITH AGED 27 YEARS S/O.STALIN, NEDUVILA VEEDU, PERAYAM VILLAGE, KOLLAM DISTRICT PIN - 691503
2 RENJITH AGED 29 YEARS S/O.RAJU, RENJITH BHAVAN, KUMBALAM, PERAYAM VILLAGE, KOLLAM DISTRICT, PIN - 691503
3 MANU AGED 33 YEARS S/O.MICHEL, EMMAUS VEEDU, N.S NAGAR, PADAPPAKKARA, PERAYAM, KOLLAM, PIN - 691503
4 ATHUL T WILLIAM AGED 28 YEARS S/O.TOMI WILLIAMS, SUMI NIVAS, MULAVANA P.O, KANJIRACODU CHERI, MULAVANA VILLAGE, KOLLAM DISTRICT, PIN - 691503 5 SANJU AGED 22 YEARS S/O.SAJEEV, VAYALIL PUTHEN VEEDU, MULAVANA P.O, MULAVANA VILLAGE, KOLLAM, PIN - 691503 BY ADVS.
PRATHEESH.P ANJANA KANNATH RESPONDENTS/STATE & DEFACTO COMPLIANANT & INJURED:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER KUNDARA POLICE STATION, KOLLAM DISTRICT, PIN - 691501
3 SHIJU.P AGED 34 YEARS S/O.JOHN PRASAD, CHIRAVILA VEEDU, CHIRABHAGAM, PERAYAM CHERRY, MULAVANA P.O, MULAVANA VILLAGE, KOLLAM DISTRICT, PIN - 691503
4 DOLLY.M @ SOLY AGED 58 YEARS W/O.JOHN PRASAD, CHIRAVILA VEEDU, CHIRABHAGAM, PERAYAM CHERRY, MULAVANA P.O, MULAVANA VILLAGE, KOLLAM DISTRICT, PIN - 691503 SR PP - RENJIT GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.08.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Dated this the 14th day of August, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure.A1 FIR and Annexure.A2 Final Report in C.C. No.428/2023 on the files of the Judicial First Class Magistrate Court-I, Kollam, arose out of Crime No.122/2023 of Kundara Police Station, Kollam. The petitioners herein are accused Nos. 1 to 5 in the above case.
2. Heard the learned counsel for the petitioners, 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 451, 294(b), 506 and 34 of IPC.
4. It is submitted that the matter has been amicably settled and defacto complainants filed afÏdavits in this regard. The defacto complainants stated in their afÏdavits that they have no intention to proceed further in this matter.
5. The learned Public Prosecutor also submitted that the matter has been settled between the parties and statements of defacto complainants to that effect have been recorded. The learned Public Prosecutor also pointed out that the petitioners have criminal antecedents as under:
Criminal Antecedents of the accused The 2nd petitioner Renjith involved in Kundara PS
1) Cr 115/2015 U/s 451, 143, 147, 452, 436, 427, 149 IPC
2) 1776/2012 U/s 143, 147, 148, 294(b), 451, 506, 427,149 IPC & 27 of Arms Act
3) Cr 1251/2014 U/s 143, 147, 148, 452, 323, 427, 149 IPC
4) Cr 76/2015 U/s 143, 117, 148, 149, 294(b), 427, 38, 34 IPC
5) 1132/2015 U/s 294(b), 143, 147, 148, 457, 323, 427 r/w 149 IPC
6) 1339/2015 U/s 3945 IPC
7) 2923/2015 U/s 341, 324, 326, 34 IPC
8) 2611/2020 U/s 143,147, 148, 294(b), 323 IPC The 3rd petitioner Manu involved in Kundara PS
1)Cr. 2525/2014 U/s 294(b), 143, 147, 149, 447, 506(2), 323, 324 IPC
2)Cr 22/19 U/S 143, 147, 148, 294(b), 506(i), 324, 427, 332, 307, 149 IPC & 3(2)(e) of PDPP Act
3) Cr 1249/22 U/S 323, 324, 143, 147, 148, 294(b), 325, 149 IPC
4)Cr 1741/23 U/S 294(b), 341, 323, 506 IPC
15(1) of KAA(P)A proposal submitted against him through proper channel The 4th petitioner Athul involved in Kundara PS
1) Cr 807/2013 U/s 143, 147, 148, 447, 324, 323, 149 IPC
2) Cr.2498/2020 U/s 143, 147, 148, 341, 294(b), 323, 324, 308 r/w 12149 IPC
3) Cr 532/2021 U/s 341, 294(b), 447, 323, 354, 34 IPC
4) Cr.1182/2022 U/s 294(b), 323, 506(ii), 326, 308, 34 IPC
5) Cr 122/23 U/s 451, 294(b), 506 & 34 IPC
6) Cr.1741/23 U/s 294(b), 341, 321, 506 (1)
IPC
15(1) of KAA(P)A order issued against him as per the order SIT-13745/2023/TR DATED
04.11.23
6. Criminal antecedents of some of the petitioners (A2, A3 and A4) have been pointed out by the learned Public prosecutor to disallow quashment of the proceedings.
7. In response to this argument, the learned counsel for the petitioners would submit that, A2, A3 and A4 were acquitted in the said cases.
8. In this matter, the prosecution alleges commission of offences punishable under Sections 451, 294(b), 506 and 34 of IPC. The criminal antecedents of some of the petitioners is not a reason to deny compounding of this case, where the aggrieved persons supported quashment. 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.
In the result, this Criminal Miscellaneous Case stands allowed. All further proceedings in C.C. No.428/2023 on the files of the Judicial First Class Magistrate Court-I, Kollam, arose out of Crime No.122/2023 of Kundara Police Station, Kollam, as against the petitioners herein/accused Nos. 1 to 5 stand quashed.
