Subash Babu @ Unni v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 12TH DAY OF OCTOBER 2015/20TH ASWINA, 1937 Crl.MC.No. 6352 of 2015 ---------------------------------- CC.NO.167/2011, LP.15/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, MAVELIKKARA CRIME NO. 292/2011 OF NOORANADU POLICE STATION, ALAPPUZHA ........
PETITIONER(S)/ACCUSED:
-------------------------------------- SUBASH BABU @ UNNI, AGED 36 YEARS, SINDHU BHAVAN, ULAVUKKADU MURI, PALAMEL VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT.
BY ADVS.SRI.R.PADMAKUMAR SRI.P.ARAVIND RESPONDENT(S)/STATE & COMPLAINANT:
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1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. THULASEEDHARAN, AGED 51 YEARS, S/O.PRABHAKARAN, RATHEESH BHAVAN, ULAVUKADU MURI, MATTAPPALLY, PALANEL VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT.
R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE R2 BY ADV. SRI.N.ASHOK KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/
Crl.MC.No. 6352 of 2015 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:
A1 - CERTIFIED COPY OF THE FINAL REPORT IN CC 167/2011 ON THE FILE JFMC-I MAVELIKKARA.
A2 - TRUE COPY OF THE AFFIDAVIT FOR SETTLING THE MATTER BY THE 2ND RESPONDENT.
RESPONDENT(S)' ANNEXURES:
NIL //TRUE COPY// P.S.TO JUDGE Msv/
B. KEMAL PASHA, J.
````````````````````````````````````````````````````````````` Crl.M.C. No.6352 of 2015 F ````````````````````````````````````````````````````````````` Dated this the 12th day of October, 2015
O R D E R
~ ~ ~ ~ ~ ~ Petitioner is the accused in CC No.167/2011 of the Judicial First Class Magistrate's Court-II, Mavelikkara, which is presently pending as LP.15/2014, for the offences punishable under Sections 323, 324 and 506(ii) IPC. 2.
According to the petitioner, the matter has been amicably settled between him and the de facto complainant injured, who is the 2nd respondent herein. The 2nd respondent has sworn in Annexure-A2 affidavit stating that the matter has been amicably settled and he has no complaints against the petitioner.
3.
The injuries involved are trivial. When the matter has been amicably settled between the parties, there is no meaning in proceeding with the trial of the case. Matters
Crl.M.C.6352/2015 : 2 :
being so, Annexure-A1 and all further proceedings in CC No.167/2011 of the Judicial First Class Magistrate's Court-II, Mavelikkara, which is presently pending as LP.15/2014, are liable to be quashed.
In the result, this Crl.M.C. is allowed and Annexure-A1 and all further proceedings in CC No.167/2011 of the Judicial First Class Magistrate's Court-II, Mavelikkara, which is presently pending as LP.15/2014, are quashed. Sd/- (B.KEMAL PASHA, JUDGE) aks/12/10 // True Copy // PA to Judge