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[Cites 6, Cited by 0]

Kerala High Court

Unknown vs Present on 23 January, 2018

Author: B.Kemal Pasha

Bench: B.Kemal Pasha

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT:

               THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

     TUESDAY, THE 23RD DAY OF JANUARY 2018 / 3RD MAGHA, 1939

                        Crl.MC.No. 270 of 2018

            SC 1412/2012 of PRINCIPAL SUB COURT, ATTINGAL.

CRIME NO.320/2010 OF ANCHUTHENGU POLICE STATION,TIRUVANANDAPURAM.

                             ------------

PETITIONERS/ACCUSED


   1 RAJAN @ KOSAVAN, S/O. DHARMA RAJAN, NANDANAM, NEDUMTHOPPU,
     PURIYADAM ANCHUTHENGU DESOM, KADAKKAVOOR, THIRUVANANTHAPURAM.

   2 SUNIL, S/O. YOHANAN, NEDUMTHOPPU,
     PURIYADAM ANCHUTHENGU DESOM,
     KADAKKAVOOR, THIRUVANANTHAPURAM.

   3 ANTONY, S/O. KARMMAL, CHANANNVILLAKAM,
     NEAR CHEMPU CHURCH, ANCHUTHENGU DESOM,
     KADAKKAVOOR, THIRUVANANTHAPURAM.

    BY ADV. SRI.M.R.SARINPANICKER.

RESPONDENTS/STATE/COMPLAINANT

   1 THE STATE OF KERALA,
     REPRESENTED BY THE PUBLIC PROSECUTOR,
     HIGH COURT OF KERALA, ERNAKULAM, PIN 682 031.

   2 VELLERIYAN,
     AGED 57 YEARS, S/O. DAVID, NETTUMTHOPPU VEEDU
     SOUTH OF ANCHUTHENGU PANCHAYATH OFFICE,
     KADAKKAVOOR VILLAGE, CHIRAYINKEEZHU, THIRUVANANTHAPURAM.

    R1 BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK
    R2 BY ADV. SRI.V.VINAR.

    THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
    23-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:


Hr.......
Crl.MC.No. 270 of 2018


                                APPENDIX


PETITIONER(S)' EXHIBITS


  ANNEXURE A1   THE TRUE COPY OF THE FIR IN CRIME NO 320/10 OF
                ANCHUTHENGU POLICE STATION.

  ANNEXURE A2   CERTIFIED COPY OF THE FINA REPORT IN SC NO 1412/12
                PENDING BEFORE HON'BLE ASSISTANT SESSIONS COURT
                ATTINGAL.

  ANNEXURE A3   AFFIDAVIT SIGNED BY THE 2ND RESPONDENT.


RESPONDENT(S)' EXHIBITS


                          NIL


                                             // TRUE COPY//

                                                P.S TO JUDGE.



Hr.....

                       B. KEMAL PASHA, J.
            --------------------------------------------
                     Crl.M.C.No.270 of 2018
            --------------------------------------------
            Dated this the 23rd day of January, 2018

                            ORDER

Petitioners are the accused Nos.1, 2 and 4 in S.C.No.1412/2012 of the Assistant Sessions Court, Attingal, which has arisen from Crime No.320/2010 of the Anchuthenghu Police Station, registered for the offences punishable under Sections 341, 323, 294(b), 308 and 34 IPC read with Section 27 of the Arms Act.

2. It seems that the matter has been amicably settled between the parties.

3. On going through the matter, this Court is satisfied that there are no ingredients to invite an offence under Section 308 IPC in the matter. All the cases relating to the matter were settled. The 2nd respondent has filed affidavit an as Annexure-A3, affirming that the matter has been amicably settled between him and the petitioners and he has no complaints against the petitioners.

4. When the matter has been amicably settled between Crl.M.C.No.270 of 2018 2 the parties, no purpose would be served in proceeding with the matter any further. Matters being so, all further proceedings against the petitioners in S.C.No.1412/2012 of the Assistant Sessions Court, Attingal, which has arisen from Crime No.320/2010 of the Anchuthenghu Police Station, can be quashed.

In the result, this Crl.M.C. is allowed and all further proceedings against the petitioners in S.C.No.1412/2012 of the Assistant Sessions Court, Attingal, which has arisen from Crime No.320/2010 of the Anchuthenghu Police Station, are quashed.

Sd/-

B. KEMAL PASHA, JUDGE.

sd

                   // True Copy //           P.A. to Judge