High CourtsSingle Bench

Alan Eapen vs State Of Kerala

High Court Of Kerala · Decided on 30 July 2021 · Citation: (2021) 07 KL CK 0382

HON’BLE JUDGES
Ashok Menon, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 143, 148, 149, 307, 323, 324, 326, 341
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Application No. 2979 Of 2021
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Judgment

13 paragraphs · 230 words

Ashok Menon, J

1.

The petitioners are accused Nos. 6 and 8 in Crime No.2345/2017 of Aluva East Police Station presently pending as S.C. No.279/2019 on the files

of the District & Sessions Court, Paravoor for having allegedly committed the offences punishable under Sections 143, 148, 341, 323, 324,326, 307

read with Section 149 of the IPC.

2.

The injured and the defacto complainant are respondents 2 to 5. The petitioners stated that the matter has been amicably settled with the party

respondents and that they have no objection in quashing the proceedings against the petitioners.

3.

The learned Public Prosecutor has also received instructions regarding the genuineness of the settlement. The petitioners have no criminal

antecedents. Even though, offences under Section 307 and 326 are incorporated, the a fracture is to his left arm of one of the witnesses and there is

no head injury or other grievous injuries. In view of the fact that the injured have no objection against the petitioners, no purpose will be served by

proceeding with the trial against the petitioners.

In the result, the Crl.M.C is allowed. The entire proceedings as against the petitioners in Crime No.2345/2017 of Aluva East Police Station presently

pending as S.C.No.729/2019 on the files of the District & Sessions Court, Paravoor stands quashed under Section 482 of the CRPC and the accused

are discharged and set at liberty.