Kerala High Court
Anurag vs State Of Kerala
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 6TH DAY OF DECEMBER 2017/15TH AGRAHAYANA, 1939
Crl.MC.No. 8125 of 2017 ()
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CRIME NO. 1729/2016 OF VATAKARA POLICE STATION , KOZHIKODE
PETITIONER(S)/ACCUSED:
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1. ANURAG,
S/O.VIJAYAN, AGED 24 YEARS, KOYILOTH THAZHAKUNIYIL H,
THIRUVALLUR P.O., VATAKARA, KOZHIKODE.
2. ASWANTH BABU,
S/O.BABU, AGED 20 YEARS, MEETHALE KUNNUMMAKKANDI H,
KUNIVAYAL, THIRUVALLUR P.O., KOZHIKODE.
BY ADV. SRI.RUBEN GEORGE ROCK
RESPONDENTS/STATE/DE FACTO COMPLAINANT:
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1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031
(INVESTIGATING OFFICER IN CRIME NO.1729/2016 OF
VADAKARA POLICE STATION)
2. RUKHIYA,
W/O.KUNHAMMAD, AGED 45 YEARS, VENKILOTTHAZHEKUNI HOUSE,
THIRUVALLUR P.O., VADAKARA, KOZHIKODE DISTRICT,
PINCODE - 673541.
R1 BY PUBLIC PROSECUTOR SRI.C.K.PRASAD
R2 BY ADV. SRI.B.MUHAMMED SHAHEEL
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-12-2017, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 8125 of 2017
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APPENDIX
PETITIONER(S)' ANNEXURES
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ANNEXURE A1 THE CERTIFIED COPY OF THE FIRST INFORMATION REPORT DATED
12-12-2016 IN CRIME NO.1729/2016 OF VADAKARA POLICE STATION,
KOZHIKODE DISTRICT WHICH IS PENDING BEFORE JUDICIAL FIRST CLASS
MAGISTRATE COURT-I, VATAKARA.
ANNEXURE A2 THE AFFIDAVIT SWORN BY THE DE FACTO COMPLAINANT/2ND
RESPONDENT EXPRESSING HIS WILLINGNESS TO QUASH THE CRIMINAL
PROCEEDINGS AGAINST THE PETITIONERS.
RESPONDENT(S)' ANNEXURES
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NIL
//True Copy//
P.A. To Judge
Bb
SUNIL THOMAS, J.
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Crl.M.C.No.8125 of 2017
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Dated this the 06th day of December, 2017
O R D E R
The petitioners allegedly trespassed into the house of the de facto complainant on 11.12.2016 at 10.00 p.m., and pulled the maxi of the second respondent/de facto complainant. There is a further allegation that they ransacked the house. On the basis of the information given by her, crime was registered as Crime No.1729/2016 of Vadakara police station.
2. The learned counsel for the petitioners and the learned counsel for the respondents relying on Annexure A2 affidavit, submitted that the complaint was laid on the basis of some misunderstanding and that she has no objection in quashing the proceedings on the basis of the settlement between the parties. Having considered the settlement arrived at between the parties and the nature of allegations and the submission of the learned counsel for the petitioners that yet another connected case was Crl.M.C.No.8125 of 2017 : 2 : quashed by another Bench of this Court in a Crl.M.C. arising from Crime No.1726/2016, I am inclined to invoke the jurisdiction under Section 482 of Cr.P.C. to quash the entire proceedings.
The Criminal Miscellaneous Case is accordingly allowed. All further proceedings stand quashed.
Sd/-
SUNIL THOMAS JUDGE Bb/07/12/2017 [True copy] P.A to Judge