Kerala High Court
Pradeep vs State Of Kerala on 13 March, 2020
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 13TH DAY OF MARCH 2020 / 23RD PHALGUNA, 1941
Crl.MC.No.1632 OF 2020(D)
AGAINST THE ORDER/JUDGMENT IN SC 673/2011 OF ASSISTANT SESSIONS
COURT AT PUNALUR, KOLLAM.
CRIME NO.877/2010 OF Anchal Police Station , Kollam
PETITIONER/ACCUSED:
PRADEEP,
AGED 57 YEARS
S/O.CHANDRA BHAVAN, PALAMUKKU, MANTHIRAPPA MURI,
EDAMULACKAL VILLAGE, KOLLAM.
BY ADV. SRI.M.R.SASITH
RESPONDENTS/DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
2 THE SUB INSPECTOR,
ANCHAL POLICE STATION, KOLLAM, PIN - 691 306.
3 RAHUL,
AGED 30 YEARS
S/O.RAJU, THOYITHALA BUNGELOW, PANAYAMCHERRY,
VADAMON P.O., ANCHAL,KOLLAM, PIN - 691 306.
R3 BY ADV. V.VINAR
SMT. V. SREEJA PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.1632 OF 2020(D)
2
ORDER
Dated this the 13th day of March 2020 Petitioner is the sole accused in SC No.673/2011 on the file of the Assistant Sessions Court, Punalur, Kollam, for having allegedly committed offence punishable under Section 307 of the IPC.
2. The defacto complainant/injured is the third respondent who is none other than the petitioner's nephew. He has appeared through counsel and filed an affidavit to the effect that the matter has been amicably settled with the petitioner and that he has no grievance against him. Injury sustained by the defacto complainant is not life threatening. It is also revealed from the case record that wound certificate has also not produced by the prosecution. The petitioner has no criminal Crl.MC.No.1632 OF 2020(D) 3 antecedents. No public interest is involved. The petitioner and the 3rd respondent are very close relatives and have settled their disputes.
In the result, the Crl.M.C is allowed and the entire proceedings as against the petitioner in SC No.673/2011 on the file of the Assistant Sessions Court, Punalur, Kollam, stands quashed under Section 482 of the Cr.P.C and the accused is discharged.
Sd/-
ASHOK MENON JUDGE spk Crl.MC.No.1632 OF 2020(D) 4 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF FIR IN CRIME NO.877/2010 OF ANCHAL POLICE STATION, KOLLAM.
ANNEXURE A2 TRUE COPY OF THE FINAL REPORT FILED BY ANCHAL POLICE BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT- I, PUNALUR,KOLLAM.
ANNEXURE A3 TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT.
RESPONDENT'S/S EXHIBITS: NIL //TRUE COPY// PA TO JUDGE