Nooshan v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 28TH DAY OF SEPTEMBER 2015/6TH ASWINA, 1937 --------------------------- CC 572/2015 OF JUDICIAL FIRST CLASS MAGISTRATE'S COURT-II, ATTINGAL CRIME NO. 59/2002 OF PALLICKAL POLICE STATION, THIRUVANANTHAPURAM PETITIONERS/ACCUSED 1 & 3:
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1. NOOSHAN, AGED 38 YEARS, S/O ABHDUL LATHEEF, KOCHUVILA VEEDU, CHEEMARAM, WARD NO.III, PALLICKAL, PALLICKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT.
2. SHIMMI, AGED 38 YEARS, S/O ABDUL RUBB, SHEELA MANZIL, BEHIND TELEPHONE EXCHANGE, PALLICKAL, MADAVOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT.
BY ADVS.SRI.ALAN PAPALI SRI.SOJAN MICHEAL SRI.J.VIMAL RESPONDENTS/STATE AND CWS 1 TO 3:
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1. STATE OF KERALA (CRIME NO.59/2002 OF PALLICKAL POLICE STATION - C.C.NO.572 OF 2015 OF THE COURT OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS-II ATTINGAL), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.
2. SAJEESH KUMAR, AGED 35 YEARS, S/O GOPALAKRISHNAN, KARTHIKA, KAVOOR PUTHEN VEEDU, NEAR PALLICKAL SOCIETY, PALLICKAL VILLAGE, PALLICKAL, THIRUVANANTHAPURAM DISTRICT, PIN:695604.
3. MOHANAN PILLAI, AGED 48 YEARS, S/O KESAVA PILLAI, 'AJITHA VILASOM', PANAPPALLY DESOM, PALLICKAL, KILIMANOOR P.O., THIRUVANANTHAPURAM DISTRICT, PIN:695601.
4. ARUN KUMAR, AGED 35 YEARS, S/O SUKUMARA PILLAI, 'VILAYIL VEEDU', PALLICKAL VILLAGE, PALLICKAL, THIRUVANANTHAPURAM DISTRICT, PIN:695604.
R1 BY PUBLIC PROSECUTOR SMT.LILLY LESLIE R2 TI R4 BY ADV. SRI.NISHIL.P.S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DSV/29/9/15
--------------------------- APPENDIX PETITIONERS' ANNEXURES:
----------------------- ANNEXURE I: COPY OF THE FINAL REPORT IN CRIME NO.59/2002 OF PALLICKAL POLICE STATION.
ANNEXURE II: AFFIDAVIT DATED 1.6.2015 SWORN IN BY THE 2ND RESPONDENT.
ANNEXURE III: AFFIDAVIT DATED 4.8.2015 SWORN IN BY THE 3RD RESPONDENT.
ANNEXURE IV: AFFIDAVIT DATED 1.6.2015 SWORN IN BY THE 4TH RESPONDENT.
RESPONDENTS' ANNEXURES:
----------------------- NIL // True Copy // P.A. To Judge DSV/29/9/15
B.KEMAL PASHA, J.
=================== CRL.M.C. No.6156 of 2015 ==================== Dated this the 28th day of September, 2015
O R D E R
The petitioners were originally A1 and A3 in Crime No.59 of 2002 of the Pallickal Police Station, Thiruvananthapuram District. There were altogether five accused. The case was charge sheeted and the same was pending as C.C.No.892 of 2002 of the Judicial First Class Magistrate's Court-II, Attingal. As the present petitioners were absconding, the case against them was split up and the trial against the other persons were proceeded with. The other accused were acquitted under Section 248(1) Cr.P.C. The case against the petitioners herein has been re-filed as C.C.No.572 of 2015 of the Judicial First Class Magistrate's Court-II, Attingal, for the offences punishable under Sections 143, 147, 148, 341, 323, 324 and 294 IPC read with Section 149 IPC.
2. The matter has been amicably settled between the
CRL.M.C. No.6156 of 2015 parties. Annexure II, Annexure III and Annexure IV affidavits have been filed by the defacto complainant and the other injured persons. When the matter has been amicably settled between the parties and especially when the other accused were acquitted, this Court is of the view that the settlement entered between the parties can be accepted. No purpose will be served in proceeding with the matter further and therefore, all further proceedings in C.C.No.572 of 2015 of the Judicial First Class Magistrate's Court-II, Attingal in Crime No.59 of 2002 of the Pallickal Police Station can be quashed. In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.572 of 2015 of the Judicial First Class Magistrate's Court-II, Attingal as against these petitioners in Crime No.59 of 2002 of the Pallickal Police Station are hereby quashed.
Sd/- B. KEMAL PASHA JUDGE DSV/28/9/15 // True Copy // P.A. To Judge