Adarsh Raj @ Akku and others v. State of Kerala

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE C.S.DIAS`** ``` MONDAY, THE 13[TH] DAY OF NOVEMBER 2023 / 22ND KARTHIKA, 1945 ``` ## **`CRL.MC NO. 8812 OF 2023`** ``` CRIME NO.255/2020 OF MAVELIKKARA POLICE STATION, ALAPPUZHA ``` ## **`IN CC 204/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, MAVELIKKARA PETITIONERS:`** ``` 1ADARSH RAJ @ AKKU AGED 24 YEARS S/O RAJENDRAN, KALLAN THUNDATH VEETTIL, VAZHUVADI, THAZHAKKARA, ALAPPUZHA, PIN - 690101 ``` ``` 2RAJENDRAN AGED 59 YEARS S/O KUNJU PILLAI, KALLAN THUNDATH VEETTIL, VAZHUVADI, THAZHAKKARA, ALAPPUZHA, PIN - 690101 ``` ``` 3RAHUL RAJ @ UNNI AGED 24 YEARS RADHAKRISHNAN NAIR, NEDIYYATH PADEETTATHIL VEETIL, KUNNUMMURIYIL, THAZHAKKARA, ALAPPUZHA, PIN - 690101 ``` ``` 4SREEJITH AGED 26 YEARS S/O RAJAN, POOVATHEERIL VEETIL, KUNNUMMURIYIL, THAZHAKKARA, ALAPPUZHA, PIN - 690101 ``` ``` 5ABHIRAM AGED 26 YEARS S/O VIJAYA MOHANAN, SHATRU BHAVANAM VEETIL, VAZHUVADI, THAZHAKKARA, ALAPPUZHA, PIN - 690101 ``` ``` 6HARINATH AGED 28 YEARS S/O RADHAKRISHNAN, HARANATH BHAVAN, KUNNUMMURIYIL, THAZHAKKARA, ALAPPUZHA, PIN - 690101 ``` ``` 7AKHIL @ AKKI AGED 28 YEARS S/O VASUDHEVAN, SULEKHA BHAVANATHIL, VAZHUVADI, ``` ## **`CRL.MC NO. 8812 OF 2023 2`** ``` THAZHAKKARA, ALAPPUZHA, PIN - 690101 ``` ``` 8SREEJITH AGED 26 YEARS S/O SHREEDHARAN, ERUVAMBALATH VADAKKETHIL, VAZHUVADI, THAZHAKKARA, ALAPPUZHA- 690101., PIN - 690101 ``` ``` 9ABHIJITH AGED 24 YEARS S/O SREEDHARAN, ERUVAMBALATH VADAKKETHIL, VAZHUVADI, THAZHAKKARA, ALAPPUZHA, PIN - 690101 ``` ``` BY ADVS. P.V.ANOOP PHIJO PRADEESH PHILIP K C MOHAMED RASHID ``` ## **`RESPONDENTS:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ``` 2RAJESH S/O RAGHAVAN, 39 YEARS, POOVANNAL THEKKETHIL HOUSE, PUTHIYANKAVU MURI, NEAR ST. MARIES SCHOOL, MAVELIKKARA. ALAPPUZHA, PIN - 690101 ``` ``` 3ANIL S/O PODIYAN, AGED 33 YEARS, AAALULLATHIL VEETIL, AAKKANATT KARAMURIYIL, THAZAKARA, MAVELIKKARA, ALAPPUZHA - 690101. ``` ``` BY ADV BIJITHA B. BOSE ``` ``` SR PUBLIC PROSECUTOR SMT PUSHPALATHA M K ``` ## **`THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:`** ``` CRL.MC NO. 8812 OF 2023 3 ``` ## **O R D E R** ## **Dated this the 13[th] day of November, 2023** The petition is filed under Section 482 of the Code of Criminal Procedure (in short, ‘Code’), to quash Annexure-B Final Report in Crime No.255/2020 of the Mavelikkara Police Station, Alappuzha, and all further proceedings in C.C No.204/2020 of the Court of the Judicial First Class Magistrate -I, Mavelikkara. 2. The petitioners are the accused 1 to 9 in Crime No.255/2020 of the Mavelikkara Police charged against them alleging them to have committed the offences punishable under Sections 143,147,148,149,341,324 and 294(b) of the Indian Penal Code. 3. The prosecution allegation is that, on 12.02.2020, the accused formed an unlawful near assembly Valiyaveetil Devikshetram with the object to wreak ## **`CRL.MC NO. 8812 OF 2023 4`** vengeance against the defacto complainant/second respondent on account of an altercation that had taken place earlier. The accused 1 and 2 beat the defacto complainant with a wooden reeper, the 3[rd] accused beat the relative of the defacto complainant by a timber piece, the accused 4 and 5 hit on the nose of the relative of the defacto complainant with a timber stick and the accused 6 to 9 restrained the defacto complainant and his relative and uttered obscene words. Thus, the accused have committed the above offences. 4. The petitioners have averred in the petition that the dispute between the petitioners and the respondents 2 and 3 has been settled out of court. The respondents 2 and 3 have sworn Annexures C and D affidavits stating that they have no objection in the proceedings being quashed. Hence, the petition. 5. Heard; Sri.P.V. Anoop, the learned counsel appearing for the petitioners, Smt.Pushpalatha M.K., the ## **`CRL.MC NO. 8812 OF 2023 5`** learned Public Prosecutor appearing for the first respondent and Smt.Bijitha B. Bose, the learned counsel appearing for the respondents 2 and 3. 6. The learned counsel appearing for the petitioners and the respondents 2 and 3 in unison submitted that, with the intervention of well wishers and friends, the dispute between the parties has been harmoniously settled out of court. Consequently, the respondents 2 and 3 have filed Annexures C and D affidavits stating that they have no objection in the proceedings being quashed. 7. Pursuant to the direction of this Court, the learned Public Prosecutor, on instructions, submitted that the Investigating Officer has ascertained and reported that the settlement arrived at between the petitioners and respondents 2 and 3 is bona fide and genuine and that respondents 2 and 3 have voluntarily signed Annexures C and D affidavits. The State also has ## **`CRL.MC NO. 8812 OF 2023 6`** no objection in the proceedings being quashed. 8. The Hon'ble Supreme Court in **Gian Singh vs. State of Punjab** [2012 (10) SCC 303] and **Prabatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others** vs. **State of Gujarat and another** [(2017) 9 SCC 641] has held that in facts and circumstances of a case, where the High Court is satisfied that an amicable settlement has been arrived between the parties and the offence is not serious in nature involving mental depravity, criminal proceedings may be quashed to secure the ends of justice. 9. On a consideration of the facts and circumstances of the case, and the materials on record, I am convinced that this is a fit case to exercise the inherent powers of this Court under Section 482 of the Code, especially since the alleged offences are not serious in nature, no public interest is involved, the chances of conviction are remote, the continuation of the ``` CRL.MC NO. 8812 OF 2023 7 ``` proceeding would be wastage of judicial time and the settlement would augur harmony and peace in the locality. Hence, I am satisfied that the proceedings can be quashed. Resultantly, the Crl.M.C is allowed. Annexure B final report and all further proceedings in C.C No.204/2020 of the Judicial First Class Magistrate Court -I, Mavelikkara, as against the petitioners are quashed. Sd/- **C.S.DIAS, JUDGE** rmm/13/11/2023 ``` CRL.MC NO. 8812 OF 2023 8 ``` ## **`APPENDIX OF CRL.MC 8812/2023`** ``` PETITIONER ANNEXURES ``` ``` Annexure ATHE CERTIFIED COPY OF THE FIR DATED 13.02.2020 IN CRIME NO.255/2020 OF MAVELIKARA POLICE STATION, ALAPPUZHA ``` ``` Annexure BTHE CERTIFIED COPY OF THE FINAL REPORT DATED 10.03.2020 IN CRIME NO.255/2020 OF MAVELIKARA POLICE STATION, ALAPPUZHA ``` ``` Annexure CAFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 09.10.2023 ``` ``` Annexure DAFFIDAVIT SWORN BY MR. ANIL DATED 09.10.2023 ```