Madhusoodhanan Pillai v. Sreeraj

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937 Crl.MC.No. 2516 of 2015 ------------------------------------- CRIME NO. 692/2014 OF CHENGANNUR POLICE STATION , ALAPPUZHA ---------------- PETITIONER(S)/ACCUSED 1 TO 6 :

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1. MADHUSOODHANAN PILLAI, AGED 29 YEARS, S/O.ACHUTHAN PILLAI, GOPURAKATTIL HOUSE, THIRUVANVANDUR, CHENGANUR.

2. ANISHKUMAR, AGED 27 YEARS, S/O.MADHUSOODHANAN PILLAI, GOPURAKATTIL HOUSE, THIRUVANVANDUR, CHENGANUR.

3. PRASANTH, AGED 27 YEARS, S/O.JAYACHANDRANPILLAI, THENGUMTHARA PALLATH HOUSE, THIRUVANVANDUR, CHENGANUR.

4. MURALIDHARAN PILLAI, AGED 50 YEARS, S/O.GOPALAKRISHNAN PILLAI, MUKALNIVAS, THIRUVANVANDUR, CHENGANUR.

5. MOHANAN PILLAI, AGED 55 YEARS, S/O.GOPALA PILLAI, MUNDAKKAL HOUSE, THIRUVANVANDUR, CHENGANUR.

6. DILEEP KUMAR, AGED 27 YEARS, S/O.SIVARAMA KURUP, DEEPAKBHAVANAM, THIRUVANVANDUR, CHENGANUR.

BY ADV. SRI.A.C.DEVY RESPONDENT(S)/COMPLAINANT AND STATE :

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1. SREERAJ, AGED 28 YEARS, S/O.GOPALAKRISHNAN NAIR, CHIRAKARA HOUSE, VANAVATHUKARA MURI, THIRUVANVANDOOR VILLAGE, CHENGANUR.

2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

R1 BY ADV. SRI.LIJO VARGHESE R2 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 2516 of 2015 ----------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE A:

THE TRUE CERTIFIED COPY OF THE FIR IN CRIME NO.692/2014.

ANNEXURE B:

THE TRUE COPY OF THE RELEVANT PAGES OF CHARGE SHEET SUBMITTED BEFORE JFCM, CHENGANOOR IN CRIME NO.692/2014.

ANNEXURE C:

AFFIDAVIT SWORN BY THE DEFACTO COMPLAINANT.

RESPONDENT(S)' ANNEXURES :

NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` Crl.M.C. No.2516 of 2015 ````````````````````````````````````````````````````````````` Dated this the 18th day of September, 2015

O R D E R

~ ~ ~ ~ ~ ~ Petitioners are accused Nos.1 to 6 in Crime No.692/2014 of Chengannur Police Station registered for the offences punishable under Sections 143, 147, 149, 341, 294(b) and 323 IPC. The investigation is over and Annexure-B final report has been filed.

2.

It seems that the parties have settled the matter. The de facto complainant, who is the 1st respondent herein, has filed an affidavit affirming that the matter has been amicably settled between them and he has no complaints against the petitioners. It seems that a trivial incident had resulted in the registration of the crime.

3.

On going through the facts and circumstances of the case, and considering the settlement arrived at between the parties, this Court is of the view that no purpose will be

Crl.M.C.2516/2015 : 2 :

served in proceeding with the matter further. Therefore, Annexure-A FIR and Annexure-B final report in Crime No. 692/2014 of Chengannur Police Station can be quashed. In the result, this Crl.M.C. is allowed and Annexure-A FIR and Annexure-B final report in Crime No.692/2014 of Chengannur Police Station are quashed.

Sd/- (B.KEMAL PASHA, JUDGE) aks/18/09 // True Copy // PA to Judge