Rahul vs State Of Kerala on 26 February, 2020

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Kerala High Court

Rahul vs State Of Kerala on 26 February, 2020

Bench: P.B.Suresh Kumar

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

  WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020 / 7TH PHALGUNA, 1941

                       Crl.MC.No.1646 OF 2020(E)

   SC 1583/2019 OF ASSISTANT SESSIONS COURT AT PUNALUR, KOLLAM.

          CRIME NO.878/2010 OF Anchal Police Station, Kollam


PETITIONERS/ACCUSED NO.1 & 2    :

      1        RAHUL,
               AGED 30 YEARS,
               S/O.RAJU, THOYITHLA BUNGELOW,
               PANAYAMCHERRY, VADMON.P.O,
               ANCHAL, KOLLAM, PIN-691306.

      2        VISAKH,
               AGED 32 YEARS,
               S/O.GOPINADHAN, PADIYATHU VEEDU,
               MADHURAPPA, EDAMULAKKAL VILLAGE,
               KOLLAM, PIN-691306.

      3        GOPAKUMAR,
               S/O NANDAKUMAR, IDAMULAKKAL VILLAGE,
               MATHIRAPP MURI, EDAMULAKKAL VILLAGE,
               KOLLAM, PIN-691306.

               BY ADV. SRI.M.R.SASITH

RESPONDENTS    :

      1        STATE OF KERALA
               REPRESENTED BY THE PUBLIC PROSECUTOR,
               HIGH COURT OF KERALA,
               ERNAKULAM, PIN-682031.

      2        SUKUMARI,
               AGED 57 YEARS, D/O.LEKSHMI,
               CHANDRA BHAVAN, PALAMUKKU,
               EDAMALAKKAL VILLAGE,
               PADINJATTINKAR MURI,
               PIN-691306.
 Crl.MC.No.1646 OF 2020(E)
                               2

      3      ASWATHY,
             D/O.SUKUMARI,
             CHANDRA BHAVAN, PALAMUKKU,
             EDAMALAKKAL VILLAGE,
             PADINJATTINKARA MURI, PIN-691306.

      4      THE SUB INSPECTOR,
             ANCHAL POLICE STATION,
             KOLLAM, PIN-691306.

             R2 & R3 BY ADV. SRI.V.VINAR
             R1 & R4 BY SRI.SANTHOSH PETER, SR.PP

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
26.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.1646 OF 2020(E)
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                                ORDER

This is a proceedings under Section 482 of the Code of Criminal Procedure for quashing Annexure-A2 Final Report pending trial before the Assistant Sessions Court, Punalur in S.C.No.1583 of 2019.

2. The petitioners are the accused in the said case. The case was one registered under Sections 452, 354 and 34 of the Indian Penal Code.

3. It is seen that the petitioners and the victims of the crime have amicably settled the disputes. The affidavits sworn to by the victims are part of the records.

4. Heard the learned counsel for the petitioners, the learned Public Prosecutor as also the learned counsel for the victims.

5. Though the matter is settled between the parties, I have examined the accusation in the case and found that this is a matter that could be settled and closed in the light of the decision of the Apex Court in Gian singh v. State of Punjab, (2012) 10 SCC 303, invoking the jurisdiction under Section 482 of the Code of Criminal Procedure.

Crl.MC.No.1646 OF 2020(E) 4 In the result, the Crl.M.C. is allowed and Annexure-A2 Final Report pending trial before the Assistant Sessions Court, Punalur in S.C.No.1583 of 2019 and all further proceedings thereto are quashed.

Sd/-


                                      P.B.SURESH KUMAR
 rkj                                         JUDGE
 Crl.MC.No.1646 OF 2020(E)
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                            APPENDIX
 PETITIONER'S/S EXHIBITS:

 ANNEXURE A1         TRUE COPY OF FIR IN CRIME NO.878/2010 OF
                     ANCHAL POLICE STATION, KOLLAM.

 ANNEXURE A2         TRUE COPY OF THE FINAL REPORT FILED BY

ANCHAL POLICE BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PUNALUR, KOLLAM.

ANNEXURE A3 AFFIDAVIT FILED BY THE 2ND RESPONDENT. ANNEXURE A4 AFFIDAVIT FILED BY THE 3RD RESPONDENT.

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