Kerala High Court
Jith vs Stateof Kerala
Author: B. Kemal Pasha
Bench: B.Kemal Pasha
IN THE HIGH COURT OF KERALAAT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
FRIDAY, THE 1ST DAY OF APRIL 2016/12TH CHAITHRA, 1938
Crl.MC.No. 1817 of 2016 ()
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AGAINST THE ORDER/JUDGMENT IN CC 1722/2015 of J.M.F.C.-I, ATTINGAL
CRIME NO. 53/2007 OF KILIMANOOR POLICE STATION , THIRUVANANTHAPURAM
PETITIONER(S):
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1. JITH,
S/O.VIJAYAN, M.J.BHAVAN,
NEAR KUTTIKKADU L.P. SCHOOL,
KADAKKAL VILLAGE, KOLLAM.
2. JYOTHISH. R, AGED 33 YEARS,
S/O.RAVEENDRAN, PLAMOOTTIL VEEDU,
KUTTIKKADU, KADAKKAL VILLAGE, KOLLAM.
BY ADVS. SRI.B.DIPU SACH DEEV
SRI.S.R.AMAL
RESPONDENT(S):
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1. STATEOF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, KOCHI - 31
2. GOPAKUMAR, AGED 37 YEARS,
S/O.GOPINATHAN,
PAPPALA POVVATHUR VEETTIL,
PAZHAYAKUNNUMEL VILLAGE,
KILIMANOOR P.O., KILIMANOOR,
THIRUVANANTHAPURAM, PIN 691001.
R2 BY ADV. SRI.ARUN BABU
R BY PUBLIC PROSECUTOR SMT.MAYA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-04-2016,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1817 of 2016 ()
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APPENDIX
PETITIONER(S)' EXHIBITS
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ANNEXURE A1: CERTIFIED COPY OF CHARGE SHEET CC NO.1722/2015 ON THE FILE OF
JFMC-I, ATTINGAL.
ANNEXURE A2: ORIGINAL NOTARISED AFFIDAVIT OF 2ND RESPONDENT DATED 20.1.16
ANNEXURE A3: THE CERTIFIED COPY OF THE COMPROMISE PETITION DATED ON
07.10.2015
ANNEXURE A4: THE CERTIFIED COPY OF THE JUDGMENT DATED ON 07.10.2015.
RESPONDENT(S)' EXHIBITS : NIL
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// True Copy //
PA to Judge
B. KEMAL PASHA, J.
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Crl.M.C. No.1817 of 2016
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Dated this the 1st day of April, 2016
O R D E R
~ ~ ~ ~ ~ ~ Petitioners are A3 and A4 in CC No.1722/2015 of the Judicial First Class Magistrate's Court-II, Attingal, which has arisen from Crime No.53/2007 of Kilimanoor Police Station for the offences punishable under Sections 341 and 323 read with Section 34 IPC. A1 and A2 were acquitted in CC No.440/2007 of Judicial First Class Magistrate's Court-II, Attingal.
2. It seems that the matter has been amicably settled between the petitioners and the de facto complainant, who is the 2nd respondent herein.
3. The 2nd respondent has filed Annexure-A2 affidavit affirming that the matter has been amicably settled Crl.M.C.1817/2016 : 2 : between him and the petitioners and presently, he has no complaints against the petitioners. No criminal antecedents have been reported against the petitioners. No purpose would be served in proceeding with the matter further. Matters being so, all further proceedings against the petitioners in CC No.1722/2015 of the Judicial First Class Magistrate's Court-II, Attingal, which has arisen from Crime No.53/2007 of Kilimanoor Police Station, can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings against the petitioners in CC No.1722/2015 of the Judicial First Class Magistrate's Court-II, Attingal, which has arisen from Crime No.53/2007 of Kilimanoor Police Station, are quashed.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/01/04 // True Copy // PA to Judge