E.K. John v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 9TH DAY OF DECEMBER 2015/18TH AGRAHAYANA, 1937 Crl.MC.No. 4143 of 2013 () --------------------------- CC. NO.158/2012 OF CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA. CRIME NO. 1698/2012 OF THODUPUZHA POLICE STATION. ......
PETITIONERS/ACCUSED 1 & 2:
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1. E.K. JOHN, S/O. KORA, AGED 64 YEARS, ILLICKAL HOUSE, KOLANI KARA, THODUPUZHA VILLAGE, THODUPUZHA TALUK.
2. JITHIN JOHN, S/O. JOHN, AGED 27 YEARS, ILLICKAL HOUSE, KOLANI KARA, THODUPUZHA VILLAGE, THODUPUZHA TALUK.
BY ADVS.SRI.P.A.ISMAIL, SRI.DIPU JAMES.
RESPONDENTS/COMPLAINANT AND DE-FACTO COMPLAINANT: ----------------------------------------------------------------------------------------------
1. STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, THODUPUZHA, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. LENI KURIAKOSE, AGED 41 YEARS, S/O.KURIAKOSE, MADATHIL HOUSE, PUTHUPARIYARAM. P.O., CHITTOOR, THODUPUZHA TALUK-685 584.
3. K.K. MURALIDHARAN, AGED 57 YEARS, KANNANPUZHA HOUSE, WEST KODILULAM, KODIKULAM VILLAGE, THODUPUZHA TALUK.
R1 BY PUBLIC PROSECUTOR SMT.P. MAYA.
R2 BY ADV. SRI.LIJU. M.P.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09-12-2015, ALONG WITH CRL.MC. NO.61 OF 2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
Crl.MC.No. 4143 of 2013 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A1TRUE COPY OF COMPROMISE ENTERED INTO BETWEEN 2ND PETITIONER AND 2ND RESPONDENT ON 08.08.2011. ANNEXURE A2TRUE COPY OF COMPLAINT DTD. 19.07.2012 IN C.M.P. NO.3110 OF 2012.
ANNEXURE A3TRUE COPY OF THE FINAL REPORT DTD. 28.11.2012. RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY// P.S. TO JUDGE rs.
B. KEMAL PASHA, J.
................................................................ CRL.M.C. No. 4143 of 2013 & CRL.M.C. No. 61 of 2014 ............................................................... Dated this the 9th day of December, 2015
O R D E R
Petitioners are accused 1 and 2 and 3 respectively in C.C. No.158/2012 of the Chief Judicial Magistrate's Court, Thodupuzha, which has arisen from Crime No.1698/2012 of the Thodupuzha Police Station, Idukki District, registered for the offences punishable under Sections 468 and 471 read with Section 34 IPC.
2. The matter has been amicably settled between the petitioners and the defacto complainant, who is the 2nd respondent herein. The defacto complainant has filed affidavits in both these matters, affirming that the matter has been amicably settled between him and the petitioners and he has no complaints against the petitioners.
CRL.M.C. Nos. 4143 of 2013 & 61 of 2014 -: 2 :- 3.
No criminal antecedents have been reported against the petitioners. When the matter has been amicably settled, no purpose would be served in proceeding with the matter further, and therefore, all further proceedings in C.C.No.158/2012 pending before the Chief Judicial Magistrate's Court, Thodupuzha, as against the petitioners, based on Annexure - A3 and A2 Final Report respectively in these Crl.M.Cs, can be quashed.
In the result, these Crl.M.Cs. are allowed and all further proceedings in C.C.No.158/2012 pending before the Chief Judicial Magistrate's Court, Thodupuzha, as against the petitioners, based on Annexure - A3 and A2 Final Report respectively in these Crl.M.Cs, are hereby quashed. Sd/- B. KEMAL PASHA, JUDGE.
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