Rahul vs State Of Kerala on 10 March, 2020

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Kerala High Court

Rahul vs State Of Kerala on 10 March, 2020

Bench: Ashok Menon

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR. JUSTICE ASHOK MENON

    TUESDAY, THE 10TH DAY OF MARCH 2020 / 20TH PHALGUNA, 1941

                       Crl.MC.No.1757 OF 2020(H)

AGAINST THE ORDER/JUDGMENT IN CC 1805/2016 OF JUDICIAL MAGISTRATE
                   OF FIRST CLASS -I, PUNALUR

       CRIME NO.1575/2016 OF Anchal Police Station , Kollam


PETITIONER/S:

                RAHUL
                AGED 30 YEARS
                S/O.RAJU, THOYITHALA BUNGELOW, PANAYAMCHERRY, VADMON
                P.O., ANCHAL, KOLLAM, PIN-691306.

                BY ADV. SRI.M.R.SASITH

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
                KERALA, ERNAKULAM, PIN-682031.

      2         ABHIRAM S.,
                AGED 20 YEARS
                S/O.PRADEEP, CHANDRA BHAVAN, PALAMUKKU, EDAMALAKKAL
                VILLAGE, ANCHAL, KOLLAM, PIN-691306.

      3         THE SUB INSPECTOR,
                ANCHAL POLICE STATION, KOLLAM, PIN-691306.

                R2 BY ADV. V.VINAR

OTHER PRESENT:

                SRI. C.S. HRITHWIK SR. PP

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.1757 OF 2020(H)            2



                             O R D E R

Dated this the 10th day of March 2020 The petitioner is the sole accused in CC No.1805/2016 on the files of the Judicial First Class Magistrate Court-I, Punalur for having allegedly committed offences punishable under Sections 452, 294(b) and 324 of IPC.

2. The de facto complainant/ injured is the 2 nd respondent, who has appeared through counsel and filed affidavit to the effect that the matter has been amicably settled with the petitioner and that he has no grievance against him. A report to that effect has also been obtained from the investigating officer. The petitioner does not have any criminal antecedents. There is no public interest involved.

In the result, the Crl.M.C is allowed and the entire proceedings as against the petitioner in CC No. 1805/2016 on the files of the Judicial First Class Magistrate Court-I, Punalur stands quashed under Section 482 of Cr.P.C and the accused is discharged.

SD/-

ASHOK MENON JUDGE rmm Crl.MC.No.1757 OF 2020(H) 3 APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF FIR IN CRIME NO.1575/2016 OF ANCHAL POLICE STATION, KOLLAM.

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT FILED BY ANCHAL POLICE BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PUNALUR, KOLLAM.

ANNEXURE A3 TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT.

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