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Kerala High Court

Vysakh @ Kochu Kuttan vs State Of Kerala on 9 June, 2017

Author: B.Sudheendra Kumar

Bench: B.Sudheendra Kumar

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                                  PRESENT:

                  THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

              MONDAY, THE 12TH DAY OF JUNE 2017/22ND JYAISHTA, 1939

                                      Crl.MC.No. 3826 of 2017 ()
                                            ---------------------------

   CRIME NO. 1099/2016 OF ATTINGAL POLICE STATION , THIRUVANANDAPURAM


PETITIONER(S)/ACCUSED.:
----------------------

                VYSAKH @ KOCHU KUTTAN
               AGED 19 YEARS, S/O MOHAN,
               R/AT.ANIZHAM, KODUVAGHANNOOR POST,
               PULIMATH VIA, THIRUVANANTHAPURAM DISTRICT.


                    BY ADVS.SMT.A.G.ANEETHA
                                SMT.C.ANCHALA

RESPONDENT(S)/STATE & COMPLAINANT.:
---------------------------------------------------------

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

               2. SALEENA J.
                    D/O JUBAIRABEEVI, N.S VILLA,
                    KUDAVOORKONAM PO,KODUVAZHANNOOR VILLAGE,
                    THIRUVANANTHAPURAM DISTRICT.


                    R2 BY ADV. SMT.M.KABANI DINESH
                    R1 BY PUBLIC PROSECUTOR, SMT. M K PUSHPALATHA

           THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12-06-
          2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 3826 of 2017 ()
---------------------------

                                          APPENDIX

PETITIONER(S)' EXHIBITS
---------------------------------

ANNEXURE 1            CERTIFIED COPY OF THE FIR IN CRIME NO.1099/2016 OF ATTINGAL
                     POLICE STATION.

ANNEXURE 2            TRUE COPY OF THE AFFIDAVIT BY 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS : NIL
-----------------------


                                  // True Copy //


                                                          PA to Judge



                 B.SUDHEENDRA KUMAR, J.
  - - - - - - - - - - - - - - -- - - -- - - - - - - - - - -- - - - - - - - -
                     Crl.M.C. No.3826 of 2017
  - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - -
                Dated this the 9th day of June 2017

                                O R D E R

The petitioner is the accused in Crime No.1099 of 2016 of Attingal Police station registered for the offence under Section 354C I.P.C.

2. The 2nd respondent is the de-facto complainant in this case.

3. Heard.

4. The learned counsel for the parties and the learned Public Prosecutor have submitted that the matter has been settled between the parties. The 2nd respondent filed Annexure-AII affidavit stating that the matter has been settled between the parties and hence, she has no further grievance against the petitioner. The petitioner was aged 18 years during the relevant period. Considering the facts Crl.M.C.3826/2017 -: 2 :- and circumstances of the case, including the age of the petitioner, I am of the view that since the matter has been settled between the parties, quashing the said offence would secure the ends of justice. For the said reason, I am inclined to quash Annexure-A1 F.I.R. and further proceedings against the petitioner in Crime No.1099 of 2016 of Attingal Police station, in exercise of the inherent power under Section 482 Cr.P.C., to meet the ends of justice and accordingly, I order so.

In the result, this Crl.M.C. stands allowed.

Sd/-

B.SUDHEENDRA KUMAR, JUDGE dl/12.6.2017