Moosakunji P.P v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 4TH DAY OF NOVEMBER 2015/13TH KARTHIKA, 1937 Crl.MC.No. 6099 of 2015 () --------------------------- CC.NO. 1987/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ERNAKULAM CRIME NO. 2497/2008 OF CENTRAL POLICE STATION, ERNAKULAM ----------------- PETITIONER/ACCUSED :
------------------------------------ MOOSAKUNJI P.P., AGED 55 YEARS MSM MANZHIL, POST IRINAVU, KANNUR.
BY ADV. DR. K.P. PRADEEP RESPONDENTS/STATE AND DEFACTO COMPLAINANT :
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1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682 031.
2. STATION HOUSE OFFICER ERNAKULAM CENTRAL POLICE STATION ERNAKULAM, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
3. ABHILASH K.N., AGED 42 YEARS ADVOCATE, CENTRAL LAW FIRM, POWER HOUSE ROAD ERNAKULAM - 18.
R1 & R2 BY PUBLIC PROSECUTOR SMT. P. MAYA R3 BY ADV. SRI.SUNIL NAIR PALAKKAT THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/-
Crl.MC.No. 6099 of 2015 () ------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :
--------------------------------------------- ANNEXURE-A1:
TRUE COPY OF COMPLAINT FILED BY THE 3RD RESPONDENT BEFORE THE CENTRAL POLICE STATION, ERNAKULAM. ANNEXURE-A2:
CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.2497 OF 2008 FILED IN CC NO.1987 OF 2009 FILED BEFORE THE JFCM COURT - II, ERNAKULAM.
ANNEXURE-A3:
AFFIDAVIT SWORN IN BY THE THIRD RESPONDENT DATED 7.9.2015.
RESPONDENT(S)' EXHIBITS : NIL --------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn
B.KEMAL PASHA, J.
================ Crl.M.C. No. 6099 of 2015 ======================= Dated this the 4th day of November, 2015
O R D E R
Petitioner is the accused in C.C. No. 1987/2009 of the Judicial First Class Magistrate's Court-II, Ernakulam, which has arisen from Crime No. 2497/2008 of the Central Police Station, Ernakulam, registered for the offence punishable under Section 506 of the Indian Penal Code read.
2. The matter has been amicably settled between the petitioner and the defacto complainant, who is the 3rd respondent herein. The defacto complainant has filed Annexure -A3 affidavit affirming that the matter has been amicably settled between him and the petitioner and he has no complaints against the petitioner.
3.
No criminal antecedents have been reported against the petitioner. When the matter has been amicably settled, no purpose would be served in proceeding with the
Crl.M.C. No. 6099 of 2015 matter further, and therefore, all further proceedings in C.C. No. 1987/2009 pending before the Judicial First Class Magistrate's Court-II, Ernakulam, as against the petitioner, based on Annexure-A2 Final Report, are liable to be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.1987/2009 pending before the Judicial First Class Magistrate's Court-II, Ernakulam, as against the petitioner, based on Annexure-A2 Final Report, are hereby quashed.
Sd/- B.KEMAL PASHA, JUDGE stu