High Court of KeralaCrl.MC/6263/2015allowed

P.A.Bhaskaran v. Suresh

2015-09-28Honourable Mr. Justice B.Kemal Pasha4 pages

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 Crl.MC.No. 6263 of 2015 () --------------------------- CRIME NO. 796/2015 OF PUTHENCRUZ POLICE STATION, ERNAKULAM PETITIONERS/ACCUSED:

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1. P.A.BHASKARAN, AGED 48 YEARS, S/O.AYYAPPAN, PALAKUZHIYIL HOUSE, MARANGATTULLI KARA, THIRUVANIYOOR P.O., THIRUVANIYOOR VILLAGE, ERNAKULAM DISTRICT, PIN 682 308.

2. KUNJUMON, AGED 48 YEARS, S/O. KOCHUKUNJU, PALAKUZHIYIL HOUSE, MARANGATTULLI KARA, THIRUVANIYOOR P.O., THIRUVANIYOOR VILLAGE, ERNAKULAM DISTRICT, PIN 682 308.

3. OMANAKUTTAN, AGED 36 YEARS, S/O.KOCHUKUNJU, PALAKUZHIYIL HOUSE, MARANGATTULLI KARA, THIRUVANIYOOR P.O., THIRUVANIYOOR VILLAGE, ERNAKULAM DISTRICT, PIN 682 308.

BY ADVS.SMT.LATHA T.THANKAPPAN SRI.K.C.PAULOSE RESPONDENT(S)/DEFACTO-COMPLAINANT/STATE:

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1. SURESH, S/O.THEVAN, NEDIYAKANDATHIL HOSUE, MARANGATTULLI KARA, THIRUVANIYOOR P.O., THIRUVANIYOOR VILLAGE, ERNAKULAM DISTRICT, PIN 682 308.

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

R1 BY ADV. SRI.SUNU P.JOHN R2 BY PUBLIC PROSECUTOR SMT.MAYA 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

Crl.MC.No. 6263 of 2015 () --------------------------- APPENDIX PETITIONERS' ANNEXURE :

----------------------- ANNEXURE AI- COPY OF FIR IN CRIME NO.769/2015 OF PUTHENCRUZ POLICE STATION DATED 23.6.2015.

ANNEXURE AII- AFFIDAVIT DATED 15.9.2015 SWORN BY THE 1ST RESPONDENT.

RESPONDENTS' ANNEXURE :

----------------------- NIL // True Copy // P.A. To Judge DSV/29/9/15

B.KEMAL PASHA, J.

=================== CRL.M.C. No.6263 of 2015 ==================== Dated this the 28th day of September, 2015

O R D E R

The petitioners are the accused in Crime No.796 of 2015 of the Puthencruz Police Station, for the offences punishable under Sections 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 506(ii) IPC read with Section 34 IPC.

2. The allegation against the petitioners is that they have called the caste name of the defacto complainant, who belongs to a Scheduled Caste, during the proceedings in the Grama Sabha of Ward No.IX of the Thiruvaniyoor Village, on 21.06.2015.

3. Presently, the matter has been amicably settled between the parties. The defacto complainant has filed Annexure AII affidavit, affirming that the matter has been amicably settled and he has no complaint against the

CRL.M.C. No.6263 of 2015 petitioners. On going through Annexure AI First Information Statement, it seems that it was only a trivial matter, which has been triggered into an offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

4. When the matter has been amicably settled between the parties, no purpose would be served in the continued investigation of this case and therefore, Annexure AI First Information Report and all further proceedings based on it in Crime No.796 of 2015 of the Puthencruz Police Station, can be quashed.

In the result, this Crl.M.C. is allowed and Annexure AI First Information Report and all further proceedings based on it in Crime No.796 of 2015 of the Puthencruz Police Station are hereby quashed.

Sd/- B. KEMAL PASHA JUDGE DSV/28/9/15 // True Copy // P.A. To Judge