Manoj v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 1ST DAY OF OCTOBER 2015/9TH ASWINA, 1937 Crl.MC.No. 6135 of 2015 --------------------------- ST 630/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NEDUMKANDOM. CRIME NO. 164/2015 OF NEDUMKANDAM POLICE STATION. ..........

/PETITIONERS/ACCUSED:

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1. S.MANOJ, AGED 41 YEARS, S/O. SREDHARAN, MATHILITTA THARAYIL (HOUSE), KOMBAYAR, PARATHODE VILLAGE, IDUKKI DISTRICT.

2. ANOOP, AGED 25 YEARS, S/O. MANIYAN, PUTHANPURAKKAL (HOUSE), KOMBAYAR, PARATHODE VILLAGE, IDUKKI DISTRICT.

3. VENU, AGED 41 YEARS, S/O. VASU, PATTILASSERIL (HOUSE), KOMBAYAR, PARATHODE VILLAGE, IDUKKI DISTRICT.

4. VISWANATHAN, AGED 60 YEARS, S/O. PARAMU ASSARI, KALLOLOKKAL (HOUSE), KOMBAYAR, PARATHODE VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.JESWIN P.VARGHESE RESPONDENTS/COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

2. K.I.RAMESAN, AGED 47 YEARS, S/O. KRISHNAN, IKKUNNIL HOUSE, KOMBAYAR, VASUKUTTANPARA, PARATHODU, UDUMBANCHOLA P.O., IDUKKI DISTRICT, PIN-685554. R1 BY PUBLIC PROSECUTOR SMT.P.MAYA R2 BY ADV. SMT.G.VIDYA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

Crl.MC.No. 6135 of 2015 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

------------------------------------------ ANNEXURE ATHE CERTIFIED COPY OF FINAL REPORT REGISTERED AS S.T.NO. 630/2015 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NEDUMKANDOM.

ANNEXURE BTHE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 10-08-2015.

RESPONDENTS' ANNEXURES:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

B.KEMAL PASHA, J.

================ Crl.M.C. No. 6135 of 2015 ======================= Dated this the 1st day of October, 2015

O R D E R

Petitioners are the accused in S.T No.630/2015 of the Judicial First Class Magistrate's Court, Nedumkandom, which has arisen from Crime No.164/2015 of the Nedumkandom Police Station, for the offences punishable under Sections 341, 323 and 294(b) read with Section 34 IPC.

2. The 2nd respondent herein is the de facto complainant injured. The matter has been amicably settled between the parties and presently, the de facto complainant has no complaints against the petitioners.

3. The 2nd respondent has filed Annexure B affidavit affirming that the matter has been settled and he has no complaints against the petitioners. When the matter has been settled between the parties, there is no meaning in

Crl.M.C. No. 6135 of 2015 proceeding with the matter further and therefore, Annexure A final report and all further proceedings in S.T No.630/2015 of the Judicial First Class Magistrate's Court, Nedumkandom, can be quashed.

In the result, this Crl.M.C is allowed and Annexure A final report and all further proceedings in S.T No.630/2015 of the Judicial First Class Magistrate's Court, Nedumkandom, are hereby quashed.

Sd/- B.KEMAL PASHA, JUDGE stu