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Kerala High Court

Aswinlal A.K vs State Of Kerala on 17 March, 2018

Author: K.Abraham Mathew

Bench: K.Abraham Mathew

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT:

                THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

            WEDNESDAY, THE 11TH DAY OF APRIL 2018 / 21ST CHAITHRA, 1940

                                  Crl.MC.No. 2292 of 2018

      CRIME NO.61/2018 OF NADAPURAM POLICE STATION,KOZHIKODE DISTRICT
                                ------------



PETITIONER/ACCUSED:


     ASWINLAL A.K.,
     AGED 22 YEARS, S/O.SASEENDRAN A.K.,
     KUNIYIL HOUSE, KURINGANAD P.O., KURINGANAD AMSOM,
     VILATHPURAM DESOM, VATAKARA TALUK,
     KOZHIKODE DISTRICT, PIN - 673 501.


        BY ADV.SRI.M.G.SREEJITH


RESPONDENT(S)/STATE & DEFACTO COMPLAINANT:


1.   STATE OF KERALA,
     REPRESENTED BY THE SUB INSPECTOR OF POLICE,
     NADAPURAM POLICE STATION, KOZHIKODE DISTRICT
     THROUGH THE PUBLIC PROSECUTOR,
     HIGH COURT OF KERALA, PIN - 682 031.

2.   SUDHEESH,
     AGED 26 YEARS, S/O.DAMODHARAN,
     VADEKKEPARAMBATHU HOUSE, PURAMERI P.O.,
     PURAMERI AMSOM AND DESOM, VATAKARA TALUK,
     KOZHIKODE DISTRICT, PIN - 673 501.


       R1 BY SR PUBLIC PROSECUTOR SRI.C.S.HRITHWIK
       R2 BY ADV. SRI.P.KRISHNANKUTTY NAIR (KOLLAMALA)



     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
     ON 11-04-2018,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:


sts
12/4/2018
Crl.MC.No. 2292 of 2018 ()

                                 APPENDIX


PETITIONER(S)' ANNEXURES:


ANNEXURE A1       CERTIFIED COPY OF FIR IN CRIME NO.61/2018 OF
                  NADAPURAM POLICE STATION PENDING BEFORE THE
                  JUDICIAL FIRST CLASS MAGISTRATE COURT, NADAPURAM.

ANNEXURE A2       THE AFFIDAVIT FILED BY THE 2ND RESPONDENT
                  DATED 17.03.2018.


RESPONDENT'S ANNEXURES:              NIL




                                            /TRUE COPY/


                                            P.S.TO JUDGE



sts
12/4/2018

                               K.ABRAHAM MATHEW J.
                          ---------------------------------------
                                Crl.M.C.No.2292 of 2018
                         -----------------------------------------
                         Dated this the 11th day of April, 2018


                                        ORDER

Petition filed under Section 482 Cr.P.C.

2. Petitioner is the accused in Crime No.61 of 2018 of Nadapuram Police Station in which the allegation is that he has committed the offences under Sections 143, 147, 148, 341, 323, 324 and 326 read with 149 IPC. The second respondent is 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 petitioner and the second respondent and the learned Public Prosecutor.

4. I have perused the affidavit filed by the second respondent, who has appeared through counsel. I am satisfied that the allegation is true and no public interest is involved. There is no impediment for allowing the prayer of the petitioner.

In the result, this Crl.M.C is allowed. The proceedings in Crime No.61 of 2018 of Nadapuram Police Station are quashed. If any material objects have been produced in the case, the learned Magistrate may pass appropriate orders for their disposal.

Sd/-

                            K.ABRAHAM MATHEW
                               JUDGE
cms
                      /True copy/                 P.S.to Judge