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High Court of KeralaCrl.MC/746/2015allowed

Sujeesh P.P v. State Of Kerala

2015-02-13Honourable Mr. Justice B.Kemal Pasha5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 13TH DAY OF FEBRUARY 2015/24TH MAGHA, 1936 Crl.MC.No. 746 of 2015 () -------------------------- CRIME NO. 8/2015 OF THALIPARAMBA POLICE STATION , KANNUR PETITIONERS:

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1. SUJEESH P.P AGED 24 YEARS S/O.KUMARAN, PUHOORPOTATTA (11), NEELESWARAM P.O.KODUVALLY, KOZHIKODE

2. JASID BABU P S/O.DAMODHARAN, KEEZHATTOOR, THALIPPARAMBA BY ADVS.SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENTS:

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1. STATE OF KERALA REP BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM 682031

2. THE STATION HOUSE OFFICER THALIPARAMBA POLICE STATION, THALIPARAMBA KANNUR DIST 670141

3. KS.BINDU W/O.GANGADHARAN, KATTIPARAMBU HOUSE, MUPPATHADAM ALUVA, ERNAKUALAM DIST. 683 110 R3 BY ADV. SRI.JACOB SEBASTIAN R BY PUBLIC PROSECUTOR, SHRI.JIBU P THOMAS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 746 of 2015 () -------------------------- APPENDIX PETITIONERS)' EXHIBITS ------------------------------------- ANNEXURE A1:

CERTIFIED COPY OF THE FIR NO.8/15 DATED 01.01.2015 OF THE THALIPARAMBA POLICE STATION ANNEXURE A2:AFFIDAVIT SWORN BY THE 3RD RESPONDENT 23.01.2015 RESPONDENTS' EXHIBITS : NIL --------------------------------------- TRUE COPY PA TO JUDGE

B.KEMAL PASHA, J.

- - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - Crl.M.C. No.746 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of February 2015

ORDER

The accused in Crime No.8 of 2015 of Taliparamba police station registered for the offences punishable under Sections 452, 341, 323 and 354 read with Section 34 of the I.P. C, has come up under Section 482 of the Code of Criminal Procedure, for getting Annexure-A1 F.I.R. in the said crime and all further proceedings based on it, quashed.

2. The allegation against the petitioners is that on 31.12.2014 at 4.00 p.m., they trespassed into the rented quarters of the defacto complainant woman, wrongfully restrained her by catching on the tuft of her hair and slapped her. According to the petitioners, the matter has been amicably settled between them and the de-facto

Crl.M.C. 746/2015 complainant, who is the third respondent herein and presently, the third respondent has no complaints against the petitioners.

3. The third respondent has filed an affidavit affirming the fact that the matter has been amicably settled between her and the petitioners and that she has presently, no complaints against the petitioners. She has entered appearance through her counsel. The learned counsel for the third respondent also endorses the fact that the affidavit has been sworn in by the third respondent on her own volition, and the matter has been amicably settled.

4. On hearing the learned counsel for the petitioners, the learned counsel for the third respondent, who is the de-facto complainant herein and the learned Public Prosecutor, I am of the view that the matter involved in this case has been amicably settled between the parties and that this is a fit case wherein Annexure-A1, F.I.R. in crime No.8 of 2015 of Taliparamba police station, Kannur district and also all further proceedings pursuant to it, can be

Crl.M.C. 746/2015 quashed.

In the result, this Crl.M.C. is allowed. Annexure-A1, F.I.R. in crime No.8 of 2015 of Taliparamba police station, Kannur district and also all further proceedings pursuant to it, are quashed. Sd/- B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge