Robin v. Jaison Peter
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 13TH DAY OF JANUARY 2015/23RD POUSHA, 1936 Crl.MC.No. 203 of 2015 -------------------------- IN CC 1274/2013 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT -II, KOLLAM CRIME NO. 1097/2013 OF PALLITHOTTAM POLICE STATION , KOLLAM PETITIONERS/ACCUSED 1 AND 2:
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1. ROBIN, RUBIN BHAVAN, THEVALLIPURAYIDAM, VADI KOLLAM WEST, PIN:691 501.
2. FELONE THOPPIL PURAYIDAM, KAIKULANGARACHERI, KOLLAM WEST PIN:691 503.
BY ADV. SRI.SUNNY ZACHARIAH RESPONDENT/CW1, 2 AND STATE:
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1. JAISON PETER, POONJATTU PURAYIDAM, PUNNATHALASSERY, KOLLAM WEST-691501.
2. APPU @SIJO, BAKERS COMPOUND, LIGHT HOUSE, KAIKULANGARACHERI, KOLLAM WEST, PIN:691 503.
3. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PALLITHOTTAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA-682031.
R1 & 2 BY ADV. SRI.M.G.SREEJITH R3 BY PUBLIC PROSECUTOR SMT.P.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 203 of 2015 ------------------------ APPENDIX PETITIONERS' ANNEXURES:
----------------------- ANNEXURE 1: THE CERTIFIED COPY OF CHARGE IN CC 1274/2013 PENDING IN THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOLLAM ANNEXURE A2: AFFIDAVIT FILED BY THE IST RESPONDENT. ANNEXURE A2(A): AFFIDAVIT FILED BY THE 2ND RESPONDENT. RESPONDENTS' ANNEXURES:
----------------------- NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.203 of 2015 --------------------------------------- Dated this the 13th day of January, 2015 O R D E R The petitioners herein are the two accused in C.C. No.1274/2013 before the Judicial First Class Magistrate Court II, Kollam. Crime in the said case was registered on the complaint of one Jaison Peter that the petitioners assaulted him and his friend Appu @ Sijo and inflicted injuries on their body with weapons. The offences involved are under Sections 294(b), 323, 324, 341, 427 and 341 of the Indian Penal Code. The petitioners now seek orders quashing the prosecution as against them on the ground that they and the injured persons have amicably settled the dispute out of court.
The first informant Jaison Peter and the other injured Appu @ Sijo are the respondents 1 and 2 in this proceeding. They have filed affidavit to the effect that they have settled the whole dispute with the accused, and they have no complaint or grievance now.
Crl.M.C No.203 of 2015 prosecution in such a situation will not serve any purpose, other than wasting the precious time of the court. Nobody will support the prosecution if the case against the petitioners goes to trial. In the result, this Criminal Miscellaneous Case is allowed. The prosecution against the petitioners herein in C.C No.1274/2013 before the Judicial First Class Magistrate Court II, 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