Arun.M.S. v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 8TH DAY OF JANUARY 2015/18TH POUSHA, 1936 Crl.MC.No. 85 of 2015 ----------------------- IN CC 689/2011 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT -I, KOLLAM CRIME NO. 988/2010 OF ANCHALUMMOODU POLICE STATION, KOLLAM PETITIONERS/ACCUSED:
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1. ARUN.M.S, AGED 26 YEARS, S/O. MANIYAN PILLAI, RESIDING AT LOVEDALE VEEDU, NEAR THAIKKAVU MUKKU, INCHAVILA CHERRY, THRIKKARUVA VILLAGE FROM THEKKEKKATTUVILA PADINJATTATHIL VEEDU, KUREEPUZHA CHERRY, THRIKKADAVOOR, KOLLAM.
2. SREENATH, AGED 26 YEARS, S/O. THULASEEDHARAN, KATTUVILA COLONY, HOUSE NO. 30 KUREEPUZHA CHETTY, THRIKADAVOOR VILLAGE, KOLLAM DISTRICT.
3. ANEESH, AGED 25 YEARS, S/O. ANTONY, NEELA VEEDU, JAYANTHI COLONY THRIKKADAVOOR VILLAGE, KUREEPUZHA, KOLLAM.
4. ANSIL, AGED 23 YEARS, S/O. ANTONY, NEELA VEEDU, JAYANTHI COLONY, THRIKKADAVOOR VILLAGE, KUREEPUZHA CHERRY, KOLLAM. BY ADVS.SRI.PRATHEESH.P SMT.S.SEETHA RESPONDENTS/DEFACTO COMPLAINANT AND STATE:
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1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE ANCHALUMMOODU POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
2. PRAVEEN, AGED 24 YEARS, S/O. PRASAD, VADAKKATHIL VEETIL, NEAR AYYANKOYIKKAL TEMPLE, KUREEPUZHA CHERRY, THRIKKADAVOOR VILLAGE, KOLLAM DISTRICT.
R2 BY ADV. SRI.K.B.ARUNKUMAR R1 BY PUBLIC PROSECUTOR SMT.P.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 85 of 2015 APPENDIX PETITIONER'S ANNEXURES:
ANNEXURE 1: COPY OF THE FIR WITH FIS IN CRIME NO.988/2010 OF ANCHALUMMMOODU POLICE STATION ANNEXURE 2: COPY OF THE FINAL REPORT IN CRIME NO.988/2010 OF ANCHALUMMMOODU POLICE STATION.
ANNEXURE 3: COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT REGARDING THE COMPROMISE DATED 1.11.2014 RESPONDENT'S ANNEXURES:
NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.85 of 2015 --------------------------------------- Dated this the 8th day of January, 2015 O R D E R The petitioners herein are the four accused in C.C. No.689/2011 of the Judicial First Class Magistrate Court I, Kollam. Crime in the said case was registered under Sections 143, 147, 341, 323 and 324 r/w 34 of the Indian Penal Code, on the complaint of one Praveen. The petitioners now seek orders quashing the prosecution as against them on the ground that they and the defacto complainant have amicably settled the dispute out of court. The defacto complainant Praveen is the second respondent in this proceeding. He has filed affidavit to the effect that he has settled the whole dispute with the accused, and he has no complaint or grievance now.
I am well satisfied that there is a real and genuine settlement between the parties, and I find that continuance of prosecution in such a situation will not serve any purpose, other than wasting the precious time of the court. The petitioners seek orders under Section 482 of the Code of Criminal Procedure because composition as such is not possible.
Crl.M.C No.85 of 2015 In the result, this Criminal Miscellaneous Case is allowed. The prosecution against the petitioners herein in C.C No.689/2011 before the Judicial First Class Magistrate Court I, Kollam, will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioners will stand released from prosecution, and the bail bond, if any, executed by them will stand discharged.
P.UBAID JUDGE ab