Santhosh @ Kannan v. 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.71 of 2015 ----------------------------- CRIME NO.670/2013 OF ATTINGAL POLICE STATION,THIRUVANANDAPURAM PETITIONERS/ACCUSED 1 AND 2:
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SANTHOSH @ KANNAN, S/O.GOPALA PILLAI, AGED 29 YEARS,VELLAPPALLI VEETTIL, VELLALLOOR VILLAGE,THIRUVANANTHAPURAM DISTRICT. 2.
DILEEP @ PODIYAN,S/O.GOPALA PILLAI, AGED 27 YEARS,VELLAPPALLI VEETTIL, VELLALLOOR VILLAGE,2THIRUVANANTHAPURAM DISTRICT. BY ADVS.SRI.BRIJESH MOHAN SMT.RESMI G. NAIR RESPONDENTS/STATE AND DE-FACTO COMPLAINANT:
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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682031.
2.
NAUSHAD,S/O.ABDUL KHADER,AGED 31 YEARS, RESIDING AT THUNDUVILA VEEDU, KESAVAPURAM,VELLALLOOR VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT-695304.
R1 BY PUBLIC PROSECUTOR SMT.P.MAYA R2 BY ADV.SRI.SHAJIN S.HAMEED THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
pk
Crl.MC No.71/2015 APPENDIX PETITIONER'S ANNEXURES:
ANNEXURE A:COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.670/2013 OF ATTINGAL POLICE STATION.
ANNEXURE B:COPY OF THE REPORT FILED BY THE INVESTIGATING OFFICER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I. ANNEXURE C:COPY OF THE AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT. RESPONDENT'S ANNEXURES:
NIL //TRUE COPY// P.S. TO JUDGE pk
P. UBAID, J.
--------------------------------------- Crl.M.C. No. 71 of 2015 --------------------------------------- Dated this the 7th day of January, 2015
O R D E R
The petitioners herein are the two named accused in Crime No.670/2013 of the Attingal Police Station registered under Sections 307 and 326 IPC, and under Section 27 of the Arms Act. Now, the offence under Section 27 of the Arms Act stands deleted, and the investigation proceeds under Sections 307 and 326 IPC. The first informant, on whose complaint the police registered the crime, is one Noushad. The petitioners seek orders quashing the criminal proceeding against them, on the ground that they and Noushad have come to terms amicably out of court. The defacto complainant, Noushad is the 2nd respondent in this proceeding. He has filed affidavit to the effect that he has settled the dispute with the accused, and that he has no grievance or complaint. On a perusal of the First Information Statement, I find that there is nothing to attract Section 307 IPC in this case. Of course, the petitioner had sustained some grievous hurt, and the FIR was rightly registered under Section 326 IPC. Any way, the parties have come to terms, and I find
Crl.M.C. No. 71 of 2015 that there is a real and genuine settlement between the parties. Continuance of further proceeding in the crime will cause harm and hardship to both the parties in such a situation. It will also not serve any purpose, because the defacto complainant and others will not support the prosecution, if the case goes to trial. In the result, this Crl.M.C. is allowed. The FIR and further proceedings in Crime No.670/2013 of the Attingal Police Station, will stand quashed under Section 482 Cr.P.C.
Sd/- P. UBAID, JUDGE sd