Kerala High Court
Sumesh vs State Of Kerala on 24 February, 2016
Author: B. Kemal Pasha
Bench: B.Kemal Pasha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
WEDNESDAY, THE 24TH DAY OF FEBRUARY 2016/5TH PHALGUNA, 1937
Crl.MC.No. 901 of 2016 ()
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CC. NO.239/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ATTINGAL.
CRIME NO. 1541/2014 OF KAZHAKKUTTOM POLICE STATION,
THIRUVANANTHAPURAM.
........
PETITIONERS/ACCUSED NO.1 AND 2:
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1. SUMESH, AGED 31 YEARS,
S/O. MANIYAN, SUMA BHAVAN VEEDU, MENAMKULAM DESOM,
KAZHAKKOTTOM, THIRUVANANTHAPURAM. (A1)
2. SHAIJU, S/O.RAVI, AGED 31 YEARS,
CHIRAYARIKUNJU VEEDU, PUTHUVAL PUTHEN VEEDU,
KALPANA COLONY, MENAMKULAM DESOM,
MENAMKULAM VILLAGE, KAZHAKKOTTOM,
THIRUVANANTHAPURAM. (A2).
BY ADV. SRI.V.S.THOSHIN.
RESPONDENTS/DEFACTO COMPLAINANT:
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1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
THROUGH THE SUB INSPECTOR OF POLICE,
KAZHAKKOTTOM, THIRUVANANTHAPURAM.
2. ANEESH, S/O.CHANDRASHEKARAN NAIR,
AGED 28 YEARS, RESIDING AT CHANDRA VILASOM,
NEAR MAHAVISHNU TEMPLE, MUDAKKAL DESOM,
NELLANADU VILLAGE, THIRUVANANTHAPURAM.
R1 BY PUBLIC PROSECUTOR SMT.P.MAYA.
R2 BY ADV. SRI.R.GOPAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 24-02-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
rs.
Crl.MC.No. 901 of 2016
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEXURE-A: THE CERTIFIED COPY OF THE FINAL REPORT IN
C.C.NO.239/15 BEFORE JFMC-II, ATTINGAL,
THIRUVANANTHAPURAM.
ANNEXURE-B: THE COMPROMISE AFFIDAVIT OF 2ND RESPONDENT/CW1.
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.S.TO JUDGE
rs.
B. KEMAL PASHA, J.
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CRL.M.C. No.901 of 2016
====================
Dated this the 24th day of February, 2016
O R D E R
Petitioners are accused in C.C.No.239 of 2015 of the Judicial First Class Magistrate's Court-II, Attingal, which has arisen from Crime No.1541 of 2014 of the Kazhakkuttom Police Station, registered for the offences punishable under Sections 341, 294(b) and 323 IPC read with Section 34 IPC.
2. The matter has been amicably settled between the petitioners and the defacto complainant, who is the 2nd respondent herein. The defacto complainant has filed Annexure-B affidavit, affirming that the matter has been amicably settled between him and the petitioners and he has no complaints against the petitioners.
3. No criminal antecedents have been reported against the petitioners. When the matter has been amicably CRL.M.C.No.901 of 2016 -: 2 :- settled, no purpose would be served in proceeding with the matter further, and therefore, all further proceedings in C.C.No.239 of 2015 pending before the Judicial First Class Magistrate's Court-II, Attingal, as against the petitioners, based on Annexure-A Final Report in Crime No.1541 of 2014 of the Kazhakkuttom Police Station, can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.239 of 2015 pending before the Judicial First Class Magistrate's Court-II, Attingal, as against the petitioners, based on Annexure-A Final Report in Crime No.1541 of 2014 of the Kazhakkuttom Police Station, are hereby quashed.
Sd/-
B. KEMAL PASHA, JUDGE.
DSV/25/2/16 // True Copy // P.A. To Judge