Kerala High Court
Ragul vs The State Of Kerala on 26 June, 2015
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY,THE 26TH DAY OF JUNE 2015/5TH ASHADHA, 1937
Crl.MC.No. 3900 of 2015
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CC 1010/2013 JUDICAL FIRST MAGISTRATE COURT -I, ATTINGAL.
CRIME NO. 867/2012 OF CHIRAYINKIL POLICE STATION , THIRUVANANTHAPURAM.
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PETITIONERS/A1 TO A3:
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1. RAGUL, CHARUVILA VEEDU, NALUMUKKU,
PERUMKUZHI, AZHOOR VILLAGE, TRIVANDRUM.
2. RAJESH, CHARUVILA VEEDU, NALUMUKKU,
PERUMKUZHI, AZHOOR VILLAGE, TRIVANDRUM.
3. VINEESH, CHARUVILA VEEDU, NALUMUKKU,
PERUMKUZHI, AZHOOR VILLAGE, TRIVANDRUM.
BY ADV. SRI.M.R.SARIN
RESPONDENTS/COMPLAINANT:
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1. THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2. SHIBU, AGED 30 YEARS, S/O. SUKUMARAN,
KATTUVILLA VEEDU, NALUMUKKU,
PRUNGUZHY DESOM, AZHOOR VILLAGE,
CHIRAYINKIL TALUK, TRIVANDRUM-695001.
3. SUKUMARAN, KATTUVILLA VEEDU, NALUMUKKU,
PRUNGUZHY DESOM, AZHOOR VILLAGE,
CHIRAYINKIL TALUK, TRIVANDRUM-695001.
R1 BY PUBLIC PROSECUTOR SMST.S.SHYMA
R2 & R3 BY SRI.AJAYA KUMAR. G
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 26-06-2015, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
mbr/
Crl.MC.No. 3900 of 2015
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APPENDIX
PETITIONER(S)' ANNEXURES:
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ANNEXURE A1- THE TRUE COPY OF THE FIR NO.867/12 OF CHIRAYINKIL
POLICE STATION.
ANNEXURE A2- THE TRUE COPY OF THE FINAL REPORT IN C.C.NO. 1010/13
BEFORE THE JUDICIAL FIRST MAGISTRATE COURT-1-
ATTINGAL.
ANNEXURE A3- AFFIDAVIT SIGNED BY THE 2ND AND 3RD RESPONDENTS.
RESPONDENTS' ANNEXURES: NIL.
//TRUE COPY//
P.S.TO JUDGE
mbr/
ALEXANDER THOMAS, J.
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Crl.M.C.No.3900 Of 2015
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Dated this the 26th day of June, 2015.
O R D E R
The petitioners are the accused in Anx-A2 final report/charge sheet in Crime No.867/2012 of Chirayinkil Police Station registered for offences under Secs.447, 294(b), 341, 323 & 427 r/w 34 IPC, which is now pending as C.C.No.1010/2013 on the file of the Judicial First Class Magistrate Court-I, Attingal. The gist of the prosecution allegation is that on 16.12.2012 at 6:00 a.m. the accused trespassed into the house of the defacto complainant and abused him and thus committed the alleged offences. It is now submitted that the entire disputes have been resolved between the parties and the matter has been settled and that the 2nd respondent has sworn to Anx-A3 affidavit wherein he has stated that he has no objection in the quashment of the impugned criminal proceedings pending against the petitioners. It is in the light of these aspects that the petitioners have filed this Crl.M.C seeking the prayer for quashment of the impugned criminal proceedings.
2. After having heard all the parties concerned and on a ::2::
Crl.M.C.No.3900 Of 2015 perusal of the averments in the petition as well as a close scrutiny of the affidavit sworn to by the contesting respondent and after hearing his learned counsel as well as the learned Public Prosecutor, this Court is of the considered opinion that the prayer for quashment could be considered in the light of the legal principles well settled by the Apex Court in this regard.
3. Accordingly, it is ordered in the interest of justice that the impugned Anx-2 final report/charge sheet filed in Crime No.867/2012 233/2015 of Chirayinkil Police Station, which is now pending as C.C.No.1010/2013 on the file of the Judicial First Class Magistrate Court-I, Attingal and all further proceedings arising therefrom pending against the petitioners herein stand quashed under Sec. 482 of the Code of Criminal Procedure.
With these observations and directions, this Crl.M.C stands finally disposed of.
ALEXANDER THOMAS, Judge.
bkn/-