Kerala High Court
Subair vs Ashokan on 3 December, 2013
Author: Harun-Ul-Rashid
Bench: Harun-Ul-Rashid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID
TUESDAY, THE 3RD DAY OF DECEMBER 2013/12TH AGRAHAYANA, 1935
Crl.MC.No. 5779 of 2013 ()
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AGAINST THE ORDER/JUDGMENT IN CP 195/2013 of J.M.F.C.,NADAPURAM
PETITIONER(S)/ACCUSED:
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SUBAIR, AGED 29 YEARS,
S/O.KUNHAMMED, RAYAROTH HOUSE, CHEKKYAD AMSOM,
PARAKKADAVU DESOM, VATAKARA TALUK.
BY ADV. SRI.ZUBAIR PULIKKOOL
RESPONDENT/COMPLAINANTS:
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1. ASHOKAN, S/O.CHATHU,
KARUVANKANDIYIL HOUSE, PURAMERI AMSOM DESOM,
VATAKARA TALUK, PIN: 673 101.
2. STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN: 682 031.
R1 BY ADV. SMT.P.A.ANEESHA
R2 BY PUBLIC PROSECUTOR SRI RAJESH VIJAYAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03-12-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 5779 of 2013 ()
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APPENDIX
PETITIONER(S)' EXHIBITS
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ANNEXURE I: TRUE COPY OF THE POLICE CHARGE IN CRIME NO.339/2013 OF
VALAYAM POLICE STATION.
ANNEXURE II: TRUE COPY OF THE SWORN AFFIDAVIT OF THE 1ST RESPONDENT.
RESPONDENT(S)' EXHIBITS: NIL
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/TRUE COPY/
P.A TO JUDGE
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HARUN-UL-RASHID, J.
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Crl. M.C No.5779 of 2013
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Dated this the 03rd day of December, 2013.
O R D E R
Heard the learned counsel for the petitioner and respondents.
2. Petitioner is the sole accused in Crime No.339/2013 of Valayam Police Station. The petition is filed seeking to quash Annexure-I Police charge and all further proceedings against the petitioner in C.P No. 195/2013.
3. The offence alleged against the petitioner is punishable under Sections 341, 323, 294(b), 506(i) and 308 IPC.
4. The learned counsel on both sides submit that the disputes between the parties have been amicably settled and having regard to the resolution of the disputes between the parties, continuance of the criminal prosecution against the petitioner is an avoidable irritant.
In view of the settlement arrived at between the parties, the Crl.M.C is disposed of quashing Annexure-I Police charge and all further proceedings against the petitioner in C.P No. 195/2013 on the file of the Judicial First Class Magistrate Court, Nadapuram.
HARUN-UL-RASHID, JUDGE.
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