Kerala High Court
Joby vs State Of Kerala on 12 June, 2017
Author: B.Sudheendra Kumar
Bench: B.Sudheendra Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
MONDAY, THE 12TH DAY OF JUNE 2017/22ND JYAISHTA, 1939
Crl.MC.No. 3823 of 2017 ()
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SC 823/2016 of J.M.F.C.-III,THRISSUR
CRIME NO. 1735/2014 OF PEECHI POLICE STATION , TRISSUR
PETITIONER(S)/PETITIONERS/ACCUSED:
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1.JOBY
AGED 29 YEARS,S/O.TOMY,PERUMATTIKUNNEL HOUSE,
PERUMTHUMBA DESOM,PEECHI VILLAGE,IRUMBUPALAM,
THRISSUR DISTRICT.
2. ALPHONSA,
AGED 65 YEARS,W/O.TOMY,PERUMATTIKUNNEL HOUSE,
PERUMTHUMBA DESOM,PEECHI VILLAGE,IRUMBUPALAM,
THRISSUR DISTRICT.
BY ADV. SMT.R.KRISHNA
RESPONDENT(S)/RESPONDENT/STATE & DEFACTO COMPLAINANTS:
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1. STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM-682031.
2. NIBU,
AGED 33 YEARS,S/O.CHACKO,CHIRAMBATTU HOUSE,
PERUMTHUMBA DESOM,PEECHI VILLAGE,THRISSUR
DISTRICT-680653.
3. CHACKO @ KOCHUKUNJU,
AGED 67 YEARS,S/O.PHILIP,CHIRAMBATTU HOUSE,
PERUMTHUMBA DESOM,PEECHI VILLAGE,
THRISSUR DISTRICT-680653.
Crl.MC.No. 3823 of 2017 ()
-2-
4. NISI,
AGED 35 YEARS,W/O FRANCIS,MANJALY HOUSE,
PERUNTHUMBA DESOM,PEECHI VILLAGE,
THRISSUR DISTRICT-680653.
5. MARY CHACKO,
AGED 60 YEARS,W/O CHACKO,CHIRAMBATTU HOUSE,
PERUMTHUMBA DESOM,PEECHI VILLAGE,
THRISSUR DISTRICT-680653.
R2-5 BY ADV. SRI.C.A.ANOOP
BY PUBLIC PROSECUTOR SRI. E.C. BINEESH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 12-06-2017, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.MC.No. 3823 of 2017 ()
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APPENDIX
PETITIONER(S)' EXHIBITS
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ANNEXURE I CERTIFIED COPY OF THE FIR IN
CRIME NO.1735/2015 OF PEECHI POLICE STATION
ANNEXURE II CERTIFIED COPY OF FINAL
REPORT IN CRIME NO.1735/2015 SUBMITTED
BEFORE THE HON'BLE JUDICIAL FIRST CLASS
MAGISTRATE NO.III COURT,
THRISSUR
ANNEXURE III ORIGINAL OF THE AFFIDAVIT
SWORN BY THE 2ND RESPONDENT
ANNEXURE IV ORIGINAL OF THE AFFIDAVIT
SWORN BY THE 2ND RESPONDENT
ANNEXURE V ORIGINAL OF THE AFFIDAVIT
SWORN BY THE 3RD RESPONDENT
ANNEXURE VI ORIGINAL OF THE AFFIDAVIT
SWORN BY THE 5TH RESPONDENT.
RESPONDENT(S)' EXHIBITS
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/TRUE COPY/
P.S. TO JUDGE
B. SUDHEENDRA KUMAR, J.
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Crl.M.C. No. 3823 of 2017
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Dated this the 12th day of June, 2017
ORDER
The petitioners are the accused in S.C. No. 823 of 2016 on the files of the court below. The respondent Nos. 2 to 5 are the victims in this case. The offences alleged as per Annexure-II final report are offences under Sections 324, 326 and 308 read with Section 34 IPC.
2. Heard.
3. The learned counsel for the parties and the learned Public Prosecutor have submitted that the matter has been settled between the parties. A counter case was also registered in connection with the incident in this case. The said case has been also settled between the parties. The respondent Nos. 2 to 5 have filed separate affidavits stating that the matter has been settled between the parties -2- Crl.M.C. No. 3823 of 2017 and hence, they have no further grievance against the petitioners. Considering the facts and circumstances of the case, I am of the view that since the matter has been settled between the parties, quashing the said offences would secure the ends of justice. For the said reason, I am inclined to quash Annexure - II final report and further proceedings against the petitioners in S.C. No. 823 of 2016 on the files of the court below, in exercise of the inherent power under Section 482 Cr.P.C., to meet the ends of justice. Accordingly, I order so.
In the result, this Crl. M.C. Stands allowed.
Sd/-B. SUDHEENDRA KUMAR, JUDGE.
ani/ /truecopy/
P.S. toJudge