Sathi v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 8TH DAY OF JULY 2015/17TH ASHADHA, 1937 Crl.MC.No. 4035 of 2015 () --------------------------- CRIME NO. 89/2012 OF SREEKRISHNAPURAM POLICE STATION, PALAKKAD DISTRICT ---------------------- PETITIONERS/ACCUSED NOS. 1 TO 4 :

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1. SATHI, AGED 35 YEARS, W/O. SUBRAMANIAN, ANNADAMBIL HOUSE, KULAKKATTUKURISSI, PALAKKAD DISTRICT.

2. UNNIKRISHNAN AGED 33 YEARS, S/O. BALAKRISHNAN, VELUTHUMKAVIL HOUSE, KADAMPAZHIPURAM, PALAKKAD DISTRICT.

3. SUBRAMANIAN AGED 41 YEARS, S/O. KUNJUNNIGUPTHAN, KUNNAMKULAM HOUSE, PARASSERI P.O., KONGADU, PALAKKAD DISTRICT.

4. MANIKANDAN AGED 45 YEARS, S/O. KUNJUNNIGUPTHAN, KUNNAMKULAM HOUSE, KADANALIPURAM PALAKKAD DISTRICT.

BY ADV. SRI.N.P.PRAJEESH RESPONDENTS/STATE & DEFACTO COMPLAINANT & CW-2 : ----------------------------------------------------------------------------------------

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

2. RAMAGUPTHAN, AGED 86 YEARS, S/O. KUNJIKUTTAMOOTHAN, ANNADAMBIL HOUSE, KULAKATTUKURISSI P.O., OTTAPALAM TALUK, PALAKKAD DISTRICT-678 007.

3. KUNHIMALU AMMA, AGED 68 YEARS, W/O. RAMAGUPTHAN, ANNADAMBIL HOUSE, KULAKATTUKRUSSI P.O., OTTAPALAM TALUK, PALAKKAD DISTRICT-678 007.

R1 BY GOVT. PLEADER SRI. DHANESH MATHEW MANJOORAN R2 & R3 BY ADV. SRI.TONY AUGUSTINE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/-

Crl.MC.No. 4035 of 2015 () ------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :

--------------------------------------------- ANNEXURE APHOTOCOPY OF THE FINAL REPORT IN CRIME NO. 89/2012 OF SREEKRISHNAPURAM POLICE STATION.

ANNEXURE B - THE ORIGINAL OF THE AFFIDAVIT SWORN TO BY THE RESPONDENT NO.2 BEFORE HIS ADVOCATE AT PALAKKAD DT. 10.5.15.

ANNEXURE C - THE ORIGINAL OF THE AFFIDAVIT SWORN TO BY THE RESPONDENT NO.3 BEFORE HER ADVOCATE AT PALAKKAD DT. 10.5.15.

RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - CRL.M.C.No.4035 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of July, 2015

O R D E R

Petition filed under Section 482 Cr.P.C.

2.

Petitioners are accused in S.C.No.701/2012 on the file of Sessions Judge, Palakkad. They are charged with having committing the offences under Sections 324 and 341 of the Indian Penal Code. It is submitted that the matter has been settled. The prayer is to quash the proceedings.

3.

Heard.

4.

Police had registered another case in relation to the very same incident which was S.C.No.700/2012 on the file of the Sessions Judge, Palakkad which has been quashed by order dated 26.06.2015 in Crl.M.C.No.3878/2015 as the matter has been settled by the parties. Perused the affidavits filed by the respondents 2 and 3, who are the victims in this case. I am satisfied that no public interest is involved in this case. In the result, this Crl.M.C. is allowed. The

CRL.M.C.No.4035 of 2015 proceedings in S.C.No.701/2012 on the file of the Sessions Judge, Palakkad are quashed.

If any material object has been produced in the case, the learned Sessions Judge may pass appropriate orders for the disposal.

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