Gopakumar @ Gopu v. Biju

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 15TH DAY OF SEPTEMBER 2015/24TH BHADRA, 1937 Crl.MC.No. 5801 of 2015 () --------------------------- CC.NO. 442/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PUNALUR CRIME NO. 355/2011 OF KULATHUPUZHA POLICE STATION, KOLLAM --------------------- PETITIONER/ACCUSED :

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1. GOPAKUMAR @ GOPU 51 YEARS, S/O.PRABHAKARAN NAIR, ELLIKKULAM VEEDU KULATHUPUZHA MURI, KULATHUPUZHA VILLAGE, KOLLAM.

2. ANILKUMAR AGED 52 YEARS, S/O.VASUDEVAN, KAVITHA MANDIRAM, EZHAMKULAM MURI PUNALUR TALUK, KOLLAM

3. HARI S/O.CHANDRASHEKARAN NAIR, VATTAMALA PUTHEN VEEDU KULATHUPUZHA MURI, KULATHUPUZHA VILLAGE, KOLLAM.

4. ANIL KUMAR S/O.SUDHAKARAN, KAKSHAM VEEDU COLONY, EZHAMKULAM THINGALKKARIKKOM MURI, PUNALUR TALUK, KOLLAM. BY ADV. SRI.SYAM J. SAM RESPONDENTS/STATE AND DEFACTO COMPLAINANT :

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1. BIJU AGED 40 YEARS, S/O.VIJAYAN, CHINCHU BHAVAN, LAKSHAM VEEDU COLONY EZHAMKULAM, THINGALKKARIKKOM MURI, PUNALUR TALUK KOLLAM-691 001.

2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM R1 BY ADV. SMT.KRISHNA RAJENDRAN R2 BY PUBLIC PROSECUTOR SMT. P. MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/-

Crl.MC.No. 5801 of 2015 () ------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :

--------------------------------------------- ANNEXURE A1:- THE TRUE COPY OF THE CHARGESHEET IN CC.NO. 442/2012 OF JFMC I, PUNALUR.

ANNEXURE A2:- AN AFFIDAVIT SWORN BY THE IST RESPONDENT STATING THE SETTLEMENT OF ALL THE DISPUTES.

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

B.KEMAL PASHA, J.

================ Crl.M.C. No. 5801 of 2015 ======================= Dated this the 15th day of September, 2015

O R D E R

Petitioners are the accused in C.C.No.442/2012 of Judicial First Class Magistrate's Court-II, Punalur, which has arisen from Crime No.355/2011 of Kulathupuzha Police Station for the offences punishable under Sections 294(b), 341, 323 and 427 read with Section 34 IPC. All the offences are compoundable. It seems that the matter has been settled between the petitioners/accused and the de facto complainant, who is the 1st respondent herein. An affidavit has been filed by the 1st respondent. Annexure A2 affidavit has been filed by the 1st respondent by affirming that the matter has been amicably settled between the parties and he has no grievance against the petitioners and he does not want to proceed against the petitioners. Therefore, there is no meaning in proceeding with the matter at present.

Crl.M.C. No. 5801 of 2015 In the result, this Crl.M.C is allowed and the entire proceedings in C.C.No.442/2012 of the Judicial First Class Magistrate's Court-II, Punalur, are quashed.

Sd/- B.KEMAL PASHA, JUDGE stu