Ratheesh v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 26TH DAY OF JUNE 2015/5TH ASHADHA, 1937 Crl.MC.No. 3597 of 2015 ------------------------------------ L.P.C.NO.23/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-III, PUNALUR ------------------- PETITIONER(S)/ACCUSED :

------------------------------------------ RATHESH, S/O.BHARGAVI.

PALLIKKIZHAKKETHIL HOUSE, SFCK CHERUP, CHEMPANARUVI P.O., KOLLAM- 689 696.

BY ADVS.SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM SMT.K.R.MONISHA RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT : -----------------------------------------------------------------------------------

1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE STATION HOUSE OFFICER, PATHANAPURAM POLICE STATION.

2. SUSEELA, D/O.CHELLAMMA, SFCK QUARTER NO.50, ROOM NO.4, CHERIPPITTAKAVU, PIRAVANTHOOR VILLAGE, PINCODE- 689 696.

R1 BY PUBLIC PROSECUTOR SMT.R.REMA R2 BY ADV. SMT.CHITHRA CHANDRASEKHARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

Crl.MC.No. 3597 of 2015 ------------------------------------ APPENDIX PETITIONER(S)' ANNEXURES :

ANNX.A1:

CERTIFIED COPY OF THE F.I.R REGISTERED IN THE PATHANAPURAM POLICE STATION AS CRIME NO.466/2009 ALONG WITH FI STATEMENT.

ANNX.A2:

TRUE COPY OF FINAL REPORT IN C.C.NO.1500/2009 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT NO.III, PUNALUR.

ANNX.A3:

AFFIDAVIT FILED BY THE 2ND RESPONDENT DATED 10.06.2015. RESPONDENT(S)' ANNEXURES :

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

Msd.

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - CRL.M.C.No.3597 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of June, 2015

O R D E R

Petition filed under Section 482 Cr.P.C.

2.

Petitioner is the accused in CC.No.1500/2009 on the file of the Judicial First Class Magistrate Court-III, Punalur. As he failed to appear, his case was transferred to long pending register, the number being L.P.No.23/2014. It is submitted that the matter has been settled and the proceedings in the criminal case may be quashed. 3.

Heard the learned counsel for the petitioner and the second respondent and the learned Public Prosecutor. 4.

The accusation is that the Petitioner has committed the offences under Sections 323, 354 and 451 of Indian Penal Code. The Petitioner has deposited the amount covered by the bond executed by him in the trial court as directed by this court. I am satisfied that the matter has been settled and no public interest is involved in this case.

In the result, this Crl.M.C. is allowed. The

CRL.M.C.No.3597 of 2015 proceedings in LP.No.23/2014 arising from CC.1500/2009 on the file of the Judicial First Class Magistrate Court-III, Punalur are quashed.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge