Kerala High Court
Thiruvanandapuram vs Binu P on 31 July, 2018
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 31ST DAY OF JULY 2018 / 9TH SRAVANA, 1940
Crl.MC.No. 4667 of 2018
PENDING AS CC 861/2014 of JJUDICIAL FIRST CLASS MAGISTRATE
COURT-I, ATTINGAL
CRIME NO. 466/2014 OF ATTINGAL POLICE STATION ,
THIRUVANANDAPURAM
PETITIONER(S)/ACCUSED NO. 1 & 2
1 BINU P
AGED41, S/O. PUSHPARAJAN, PADANILATHUVEEDU,
PADNILAM, KOONTHALOOR,
CHIRAYINKIL,THIRUVANANTHAPURAM.
2 BINDHU,
D/O. LEELA, AGED 43 YEARS, PADANILATHUVEEDU,
PADNILAM, KOONTHALOOR,
CHIRAYINKIL,THIRUVANANTHAPURAM.
BY ADV.SRI.M.R.SASITH
RESPONDENT(S)/STATE & DEFACTO COMPLAINANT:
1. STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
2. SUB INSPECTOR OF POLICE, ATTINGAL POLICE STATION,
THIRUVANANTHAPURAM-695001.
3. SAJITHA,
AGED 33 YEARS, D/O. SUDHARMA, THAZHAMON KONATHU VEEDU,
MARKET, CHITTATTINKARA, ATTINAL,
THIRUVANANTHAPURAM-695001.
R3 BY ADV. SRI.V.VINAR
R1 & 2 BY PUBLIC PROSECUTOR SRI.T.R.RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 31-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4667 of 2018 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A1. TRUE COPY OF FIR NO. 466/2014 OF REPORT FILED BY
THE 2ND RESPONDENT.
ANNEXURE A2. TRUE COPY OF FINAL REPORT FILED BY THE 2ND
RESPONDENT.
ANNEXURE A3. SWORN AFFIDAVIT FILED BY 3RD RESPONDENT.
RESPONDENT(S)' EXHIBITS NIL
R.AV //TRUE COPY//
PA TO JUDGE
SUNIL THOMAS, J.
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Crl.M.C.No.4667 of 2018
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Dated this the 31st day of July, 2018
ORDER
On an allegation that on 4.4.2016 at 4 pm., the petitioners herein attacked the defacto complainant/third respondent and pushed her down and assaulted her, an FIS was laid by her. Crime was registered as Crime No.466/2014 of Attingal Police Station for offences punishable under section 341, 323, 506(1) and 34 of the Indian Penal Code. After investigation, final report was laid. Cognizance was taken and the matter is now pending as CC.No.861/2014 on the files of the Judicial First Class Magistrate Court-I, Attingal.
2. Pending the proceedings, the parties are stated to have settled their dispute. An affidavit endorsing the settlement is seen filed as Annexure-A3. The learned counsel for the petitioners and the learned counsel for the third respondent/defacto complainant affirmed and Crl.M.C.No.4667 of 2018 2 endorsed the settlement. The learned Public Prosecutor also submitted that the settlement has been recorded by the police and the parties have no objection in quashing the proceedings. Having considered these facts, I am inclined to invoke the jurisdiction under section 482 Cr.P.C to quash the criminal proceedings.
Crl.M.C is allowed. All further proceedings in CC.No..861/2014 on the files of the Judicial First Class Magistrate Court-I, Attingal, arising from Crime No.466/2014 of Attingal Police Station as against the petitioners herein stand quashed.
Sd/-
SUNIL THOMAS, JUDGE R.AV //True Copy// PA to Judge