Kerala High Court
Rajeev vs State Of Kerala on 3 September, 2016
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 3RD DAYOF OCTOBER 2016/11TH ASWINA, 1938
Crl.MC.No. 6293 of 2016 ()
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CC. NO. 425/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ATTINGAL.
CRIME NO. 1370/2013 OF ATTINGAL POLICE STATION,
THIRUVANANTHAPURAM DISTRICT.
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PETITIONERS/ACCUSED :
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1. RAJEEV , S/O.RAVEENDRANATH,
AGED 33 YEARS, MANINATHAM BHAVAN, K.P.III/286,
KADUVAYIL, CHITTATTINKARA DESOM, KIZHUVILAM VILLAGE,
THIRUVANANTHAPURAM DISTRICT.
2. RAJESH,
S/O. RAVEENDRANATH, AGED 30 YEARS,
MANINATHAM BHAVAN, K.P.III/286, KADUVAYIL,
CHITTATTINKARA DESOM, KIZHUVILAM VILLAGE,
THIRUVANANTHAPURAM DISTRICT.
3. SYAM,
S/O. SUNDARESAN, AGED 26 YEARS, SREESAILAM HOUSE,
K.P.IV/324, KADUVAYIL, CHITTATTINKARA DESOM,
KIZHUVILAM VILLAGE, THIRUVANANTHAPURAM DISTRICT.
BY ADVS.SRI.K.SIJU,
SMT.S.SEETHA.
RESPONDENTS/DE-FACTO COMPLAINANT & STATE :
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1. STATE OF KERALA,
THROUGH THE SUB INSPECTOR OF POLICE,
ATTINGAL POLICE STATION,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN-682 031.
2. JAYALEKSHMI,
AGED 52 YEARS, D/O. SARASWATHY, MELEKALAVARA VEEDU,
KADUVAYIL DESOM, KIZHUVILAM PANCHAYAT,
ATTINGAL VILLAGE, THIRUVANANTHAPURAM DISTRICT-695 101.
Crl.MC.No. 6293 of 2016
3. KARTHI,
D/O. JAYALEKSHMI, AGED 25 YEARS,
MELEKALAVARA VEEDU, KADUVAYIL DESOM,
KIZHUVILAM PANCHAYAT, ATTINGAL VILLAGE,
THIRUVANANTHAPURAM DISTRICT-695 101.
R1 BY PUBLIC PROSECUTOR SRI.E.C. BINEESH.
R2 & R3 BY ADV. SRI.A.MUHAMMED RAFFI.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 03-10-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
rs.
Crl.MC.No. 6293 of 2016
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEXURE 1 COPY OF FIR WITH FIS IN CRIME NO.1370/2013 OF ATTINGAL
POLICE STATION.
ANNEXURE 2 COPY OF CHARGE SHEET IN CRIME NO.1370/2013 OF
ATTINGAL POLICE STATION.
ANNEXURE 3 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT
REGARDING COMPROMISE DATED 03.09.2016.
ANNEXURE 4 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT
REGARDING COMPROMISE DATED 17.09.2016.
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.S.TO JUDGE
rs.
SUNIL THOMAS, J.
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Crl. M. C. No. 6293 of 2016
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Dated this the 3rd day of October, 2016
O R D E R
The petitioners are the accused in Crime No.1370/2013 of Attingal Police Station for offences punishable under Sections 294
(b), 323, 354 & 34 IPC and Section 118(d) of Kerala Police Act.
2. The allegation of the prosecution is that, due to previous enmity, the petitioners had affixed photographs of the daughter of the defacto complainant with obituary comments. Thereafter, with an intention to cause bodily injuries to the defacto complainant and family members, on 27.11.2013 at 6.15 p.m., the petitioners trespassed into the house of the defacto complainant, abused and assaulted them. On the basis of the complaint laid, crime was registered. After investigation, final report was laid. The matter is now pending as C.C.No.425/2014 before the Judicial First Class Magistrate Court 1, Attingal.
3. The petitioners have approached this Court stating that, the disputes between the parties have been resolved. Learned counsel for the respondents 2 and 3 relying on affidavits filed as Annexures A3 and A4 submitted that the parties are Crl. M. C. No. 6293 of 2016 2 neighbours and hence they have finally resolved their dispute and they do not propose to pursue with the case.
4. Having regard to these facts, I feel that, further continuance of the proceedings may result in manifest injustice, in the light of the submission of the learned Public Prosecutor that, the petitioners herein are not involved in any other case and that the instruction received is that they have settled their disputes.
In the result, Crl.M.C. is allowed. All further proceedings in C.C.No.425/2014 before the Judicial First Class Magistrate Court 1, Attingal stand quashed.
Sd/-
SUNIL THOMAS, JUDGE.
Pn