Kerala High Court
K.S. Rajan vs State Of Kerala on 6 May, 2002
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 4TH DAY OF OCTOBER 2016/12TH ASWINA, 1938
Crl.MC.No. 6425 of 2016 ()
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(AGAINST THE ORDER/JUDGMENT IN CC 1815/2013 of ADDL.C.J.M., ERNAKULAM
CRIME NO. 114/2002 OF ERNAKULAM SOUTH POLICE STATION , ERNAKULAM)
PETITIONER(S)/1ST ACCUSED:
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K.S. RAJAN,
S/O.SANKUNNI NAIR, AGED 60 YEARS,
KAVIL PUTHAN VEEDU, PUTHANVELIKKARA PO,
ERNAKULAM DISTRICT.
BY ADV. SRI.C.M.MOHAMMED IQUABAL
RESPONDENT(S)/STATE & DEFACTO COMPLAINANT:
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1. STATE OF KERALA,
REPRESETNED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM -31.
2. SHYLAJA,
W/O.VENU, AGED 51 YEARS, PRESENTLY RESIDING AT MACHATTIL
HOUSE,
EAST DESOM,
POST ALUVA, ERNAKULAM DISTRICT.
R2 BY ADV. SMT.A.P.RUFAIJA
R BY PUBLIC PROSECUTOR E.C.BINEESH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 6425 of 2016 ()
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APPENDIX
PETITIONER(S)' EXHIBITS
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ANNEXURE A1 THE TRUE COY OF THE FIR IN CRIME NO. 114/2002 OF
ERNAKULAM TOWN SOUTH POLICE STATION DATED 6.5.2002
ANNEXURE A2 THE TRUE COY OF THE STATEMENT OF THE 2ND RESPONDENT IN
CRIME NO.114/2002 OF ERNAKULAM TOWN SOUTH POLICE STATION DATED
18.5.2002
ANNEXURE A3 THE TRUE COPY OF THE CHARGE IN CRIME NO.114/2002 OF
ERNAKULAM TONW SOUTH POLICE STATION DATED 18.5.2002
ANNEXURE A4 THE TRUE COPY OF THE WITNESS LIST IN CRIME NO.114/2002
OF ERNAKULAM TOWN SOUTH POLICE STATION DATED 18.5.2002
ANNEXURE A5 THE TRUE COPY OF THE AFFIDAVIT OF THE 2ND RESPONDENT
DATED 26.9.2016
RESPONDENT(S)' EXHIBITS
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/TRUE COPY/ PS TO JUDGE.
SUNIL THOMAS, J.
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Crl.M.C.No.6425 of 2016
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Dated this the 4th day of October, 2016
O R D E R
The petitioner is the first accused in Crime No.14/2002 of Ernakulam Town South Police Station for offence punishable under Sections 294(b),506(1),448,427 read with section 34 IPC.
2. The allegation of the defacto complainant is that the petitioner herein trespassed into the residential quarters of the defacto complainant, destroyed the mirror of the authorickshaw and threatened to kill her. On the basis of the complaint lodged, the crime was registered and after investigation, the final report was laid. The matter is now pending as C.C.No.1815/2013 of Addl.Chief Judicial Magistrate,Ernakulam. The second accused died in the meanwhile. The disputes between the petitioner herein and the second respondent herein is stated to have been amicably settled through mediation.
3. Heard the learned counsel for the petitioner,learned counsel for the second respondent as well as the learned public prosecutor.
4. Learned counsel for the petitioner contended that the disputes have been settled. Learned counsel for the second respondent, relying on Annexure-5 affidavit, reiterated that the Crl.M.C.No.6425/2016 2 matter has been settled. Learned Public Prosecutor, on instructions, submitted that the petitioner is not involved in any other crime and the matter has been settled. In the light of the above, I am satisfied that the disputes can be given a premature termination by allowing this Crl.M.C. In the result, Crl.M.C.is allowed. All further proceedings pending before the Addl.Chief Judicial Magistrate,Ernakulam in CC No.1815/2013 and in Crime No.114/2002 of Ernakulam Town South Police Station stand quashed.
Sd/-
SUNIL THOMAS Judge dpk /true copy/ PS to Judge.
Crl.M.C.No.6425/2016 3