Sundaran vs State Of Kerala on 28 September, 2018

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Kerala High Court

Sundaran vs State Of Kerala on 28 September, 2018

Bench: Sunil Thomas

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

             THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    FRIDAY ,THE 28TH DAY OF SEPTEMBER 2018 / 6TH ASWINA, 1940

                     Crl.MC.No. 5831 of 2018

AGAINST THE ORDER/JUDGMENT IN CC 1041/2018 of J.M.F.C.-I,ATTINGAL

CRIME NO. 315/2018 OF Attingal Police Station , Thiruvananthapuram


PETITIONERS/ACCUSED 1 AND 2:


      1      SUNDARAN,
             AGED 56 YEARS
             S/O. BRAHMANANDAN, SUMESH BHAVAN, THAMBOORKUNNU
             JUNCTION, AVANAVANCHERY VILLAGE, THIRUVANANTHAPURAM
             DISTRICT.

      2      SUMESH,
             AGED 26 YEARS
             S/O SUNDARAN, SURESH BHAVAN, THAMBOORKUNNU JUNCTION,
             AVANAVANCHERY VILLAGE, THIRUVANANTHAPURAM DISTRICT.

             BY ADV. SRI.P.ANOOP (MULAVANA)



RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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

      2      RESHMA,
             AGED 23 YEARS
             D/O THANKAMANIYAN, RESHMA BHAVAN, THACHOORKUNNU,
             CHITTATTINKARA DESOM, AVANAVANCHERRY VILLAGE,
             THIRUVANANTHAPURAM-695001.

             BY ADV. CHANDRA BABU


OTHER PRESENT:
             T.R RENJITH PP


THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION              ON
28.09.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.5831/18
                                         2




                                       ORDER

Petitioners are the accused in C.C.No.1041 of 2018 of the Judicial First Class Magistrate Court-I, Attingal arising from Crime No.315 of 2018 of the Attingal Police Station for offences punishable under sections 294(b), 323, 341, 354 and 34 of the Indian Penal Code.

2. It is alleged by the prosecution that, on 04.02.2018 at 10.30a.m., accused abused the defacto complainant, caught hold of her hair and assaulted her. Pursuant to the crime registered, investigation was conducted and final report was laid. Pending the proceedings, parties are stated to have resolved their dispute. Learned counsel for the petitioners and learned counsel for the second respondent relied on Annexure-A2 affidavit affirmed by the second respondent. Learned counsel for the second respondent acknowledged the above settlement and also acknowledged the due execution of Annexure-A2 affidavit. Learned Public Prosecutor submitted that statement of the second respondent has been recorded, wherein, she has acknowledged the settlement of the dispute.

3. There is nothing on record to show that the petitioners herein are involved in any other crime. Having considered these facts, I am inclined Crl.M.C.5831/18 3 to invoke the jurisdiction under section 482 Cr.P.C to give a quietus to the criminal proceedings.

In the result, Crl.M.C is allowed. All further proceedings in C.C.No.1041 of 2018 of the Judicial First Class Magistrate Court-I, Attingal arising from Crime No.315 of 2018 of the Attingal Police Station will stand quashed.

Sd/-

SUNIL THOMAS JUDGE Sbna/-

Crl.M.C.5831/18

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 CC COPY OF THE FINAL REPORT IN CC.1041/2018 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ATTINGAL ANNEXURE A2 AFFIDAVIT FILED BY THE 2ND RESPONDENT

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