Krishnajit v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 7TH DAY OF JANUARY 2015/17TH POUSHA, 1936 Crl.MC.No. 66 of 2015 () ------------------------- (AGAINST THE ORDER/JUDGMENT IN CC 2202/2013 of J.M.F.C.- III,NEYYATTINKARA DATED CRIME NO. 586/2013 OF KANJIRAMKULAM POLICE STATION , THIRUVANANDAPURAM) PETITIONER(S)/ACCUSED 1 - 6:

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1. KRISHNAJIT, AGED 22 YEARS S/O. RAJENDRA KUMAR, KRISHNA SARAS, MALLANVILA KARUMKULAM VILLAGE, KARUMKULAM DESOM NEYYATINKARA, THIRUVANNATHAPURAM.

2. ADARSHKRISHNA, S/O. GOPALAKRISHNAN, ADARSH BHAVAN, KARICHAL DESOM, KANJIRAMKULAM VILLAGE, NEYYATINKARA

3. RAJIT KUMAR, S/O. BABY, B.T COTTAGE, NEDIAYAKALA ARUMANOOR DESOM, THIRUPURAM VILLAGE, NEYYATINKARA

4. VINEET, S/O. SASI, PURTHEN VEEDU, PILAVILA PUTHUVIL MARAMUTTOM DESOM, PERUNKADA VILLAGE, NEYYATINKARA

5. ASHIK, S/O. MANOHARAN, VEENA COTTAGE PARAPPANKULAM CHEKKADIYIL, ARUMANOOR DESOM THIRUPURAM VILLAGE, NEYYATINKARA, THIRUVANANTHAPURAM.

6. JINEESH KUMAR, S/O. JAYACHANDRAN, RATHEESH BHAVAN, PANANINNA KANJIRAMKULAM DESOM, KANJIRAMKULAM VILLAGE NEYYATINKARA, THIRUVANANTHAPURAM.

BY ADVS.SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.V.S.THOSHIN RESPONDENT(S)/DEFACTO COMPLAINANT:

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1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM THROUGH SUB INSPECTOR OF POLICE KANJIRAMKUKLAM POLICE STATION, NEYYATINKARA

2. ABHIJIT,AGED 22, S/O. SUDHEERACHANDRAN NAIR RESIDING AT REVATHY HOUSE, PALLOTTUVILA VELIYAMKODE DESOM, MARANALLUR VILLAGE, NEYYATINKARA R2 BY ADV. SRI.T.K.BABU R BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

CRL.M.C. NO.66/2015 APPENDIX PETITIONERS EXHIBITS:

ANNEXURRE - A: COPY OF THE FINAL REPORT IN C.C. NO.2202/13 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, III, NEYYATTINKARA, ANNEXURE B: COPY OF THE NOTARIZED AFFIDVIT OF THE 2ND RESPONDENT. RESPONDENTS EXHIBITS: NIL /TRUE COPY/ P.S. TO JUDGE.

P.UBAID, J.

- - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 66 OF 2015 - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of January, 2015

O R D E R

The petitioners herein are the accused Nos.1 to 6 in C.C. No.2202/2013 of the Judicial First Class Magistrate Court-III, Neyyattinkara. The crime was registered under Sections 143,147,149,341,323 and 427 IPC read with Section 114 IPC on the complaint of one Abhijith. The petitioners now seek orders quashing the prosecution on the ground that the petitioners and the de facto complainant have come to terms out of Court. The de facto complainant is the 2nd respondent in this proceeding. He has filed affidavit in court to the effect that he has settled the dispute with the petitioners and he has no grievance or complaint. I am well satisfied that the parties have really settled the whole dispute, and they are now on cordial terms. Composition as such is not possible in the court below when the crime involves non compoundable offences. In the result, the Crl.M.C.is allowed. The prosecution

Crl.M.C. No.66 of 2015 : 2 :

against the petitioners in C.C. No.2202/2013 of the Judicial First Class Magistrate Court-III, Neyyattinkara, will stand quashed under Section 482 of the Crl.P.C. Accordingly, the petitioners will stand released from prosecution, and the bail bond, if any, executed by them will stand discharged.

Sd/- P.UBAID, Judge.

dpk /true copy/ PS to Judge.