Kerala High Court
Rajeesh vs State Of Kerala on 29 April, 2013
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
WEDNESDAY, THE 28TH DAY OF JUNE 2017/7TH ASHADHA, 1939
Crl.MC.No. 4174 of 2017 ()
---------------------------
CC. NO.808/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, VATAKARA.
.........
PETITIONERS/ACCUSED:
--------------------------------------
1. RAJEESH,
AGED 34 YEARS, S/O. BALAN,
NEDUKANDIYIL HOUSE, PURAMERI,
VADAKARA TALUK, KOZHIKODE DISTRICT.
2. LIPIN,
AGED 27 YEARS, S/O. VANNARATH VEEDU,
PURAMERI, VADAKARA TALUK, KOZHIKODE DISTRICT.
3. VIJESH,
AGED 25 YEARS, S/O. CHATHU,
PANAMBRA VEED, PURAMERI,
VADAKARA TALUK, KOZHIKODE DISTRICT.
4. SHIBULAL,
AGED 26 YEARS, S/O. NARAYANAN,
KATTIL VEED, EDACHERY NORTH.
5. VIJESH,
AGED 27 YEARS, S/O. VINODAN,
ACHARI MEETHAL HOUSE, PURAMERI,
VADAKARA TALUK, KOZHIKODE DISTRICT.
6. ANIL,
AGED 24 YEARS, S/O. ANDI T.P.,
THAZHE PANAMBRA, PURAMERI,
VADAKARA TALUK, KOZHIKODE DISTRICT.
7. ANOOP,
AGED 28 YEARS, S/O. ANDI T.P,
THAZHE PANAMBRA, PURAMERI,
VADAKARA TALUK, KOZHIKODE DISTRICT.
BY ADVS.SRI.SUNIL NAIR PALAKKAT,
SRI.K.N.ABHILASH.
Crl.MC.No. 4174 of 2017
RESPONDENTS/STATE, DEFACTO COMPLAINANT AND VICTIMS:
---------------------------------------------------------------------------------------------
1. STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. THE STATION HOUSE OFFICER,
EDACHERI POLICE STATION,
KOZHIKODE DISTRICT - 673 502.
3. SAHIL,
AGED 27 YEARS, S/O. MANOHARAN, CHERUVALATH HOUSE,
EDACHERI P.O., VENGOLI, KOZHIKODE DISTRICT - 673 502.
4. BABU,
AGED 42 YEARS, S/O. KELAPPAN,
MEETHALAI KUNNATH HOUSE, EDACHERI P.O.,
VENGOLI, KOZHIKODE DISTRICT - 673 502.
5. RANEESH,
AGED 30 YEARS, S/O. CHATHU,
PUTHENPURAYILHOUSE, EDACHERI P.O.,
VENGOLI, KOZHIKODE DISTRICT - 673 502.
6. DHANEESH,
AGED 29 YEARS, S/O. KUMARAN, KAMMOLITHAZH HOUSE,
EDACHERI P.O., VENGOLI, KOZHIKODE DISTRICT - 673 502.
R1 & R2 BY PUBLIC PROSECUTOR SRI.T.R. RENJITH.
R3 TO R6 BY ADV. SRI.BABU THOMAS (PAZHAYATHOTTATHIL).
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 28-06-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
rs.
Crl.MC.No. 4174 of 2017
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEXURE A1 TRUE COPY OF THE CHARGE SHEET ALONGWITH MEMORANDUM
OF EVIDENCE DATED 29.04.2013 SUPPLIED TO THE ACCUSED
UNDER RELEVANT PROVISIONS OF CR.P.C IN CC.NO.808/2013 ON
THE FILES OF JFCM VATAKARA, KOZHIKODE DISTRICT.
ANNEXURE A2 AFFIDAVIT SWORN IN BY THE 3RD RESPONDENT
DATED 04.05.2017.
ANNEXURE A3 AFFIDAVIT SOWN IN BY THE 4TH RESPONDENT DATED 04.05.2017.
ANNEXURE A4 AFFIDAVIT SOWN IN BY THE 5TH RESPONDENT DATED 04.05.2017.
ANNEXURE A5 AFFIDAVIT SOWN IN BY THE 6TH RESPONDENT DATED 04.05.2017.
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.S.TO JUDGE
rs.
K. ABRAHAM MATHEW, J.
--------------------------------------
Crl. M.C. No.4174 of 2017
--------------------------------------
Dated this the 28th day of June, 2017
O R D E R
Petitioners are the accused in C.C. No.808 of 2013 on the file of the Judicial First Class Magistrate's Court, Vadakara. They have alleged to have committed offences under Sections 143, 147, 148, 294(b), 323, 324 & 341 read with Section 149 of the Indian Penal Code.
2. Respondents 3 to 6 are the victim. It is submitted that the matter has been settled and the proceedings in the trial Court may be quashed.
3. Heard the learned counsel for the petitioners, the learned counsel appearing on behalf of respondents 3 to 6 and the learned Public Prosecutor.
4. Respondents 3 to 6 have appeared through counsel and filed an affidavit stating that the matter has been settled Crl. M.C. No.4174 of 2017 2 and he has no objection to the proceedings in the trial Court being quashed. I am satisfied that the allegation of settlement is true and no public interest is involved in this case.
In the result, this Crl.M.C. is allowed. The proceedings in C.C. No.808 of 2013 on the file of the Judicial First Class Magistrate's Court, Vadakara are quashed. If any material objects have been produced in the case, the learned Magistrate may pass appropriate orders for the disposal.
Sd/-
K. ABRAHAM MATHEW, JUDGE.
//True Copy// P.A. to Judge sp/27/06/17