Abhilash v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 13TH DAY OF OCTOBER 2015/21ST ASWINA, 1937 Crl.MC.No. 6375 of 2015 --------------------------- L.P.NO.102/2013 IN CC 805/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ATTINGAL.

CRIME NO. 227/2008 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM. ..........

PETITIONER/ACCUSED:

---------------------------------- ABHILASH, S/O.SIVANANDAN, AGED 39 YEARS, ABHILASH BHAVAN, VEDANVILAKOM, KAVARA, VENJARAMOODU, THIRUVANANTHAPURAM DISTRICT.

BY ADV. SRI.M.R.RAJESH RESPONDENT(S)/STATE & DEFACTO COMPLAINANT:

----------------------------------------------------------------------------

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

2. SURENDRAN, S/O.RAGHAVAN, AGED 74 YEARS, SINDHU BHAVAN, NEAR T.B.JUNCTION, ATTINGAL, THIRUVANANTHAPURAM DISTRICT - 695101. R1 BY PUBLIC PROSECUTOR SMT.P.MAYA R2 BY ADV. SMT.E.S.SANDHYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

Crl.MC.No. 6375 of 2015 --------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

------------------------------------------- ANNEXURE-A:

THE CERTIFIED COPY OF THE FINAL REPORT IN FIR NO.227/2008 OF ATTINGAL POLICE STATION.

ANNEXURE-B:

THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT REGARDING THE COMPROMISE BETWEEN HIMSELF AND THE PETITIONER DATED 23/09/15.

RESPONDENTS' ANNEXURES:

NIL.

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

B. KEMAL PASHA, J.

................................................................ CRL. M.C. No. 6375 of 2015 ............................................................... Dated this the 13th day of October, 2015

O R D E R

Petitioner is the accused in L.P.No.102/2013 which was filed as C.C.No.805/2008 of the Judicial First Class Magistrate's Court-I, Attingal, which has arisen from Crime No.227/2008 of the Attingal Police Station, registered for the offences punishable under Sections 427 and 452 of the Indian Penal Code.

2.

The petitioner is the son-in-law of the 2nd respondent, who is the defacto complainant. The parties have settled the matter amicably. It has been reported that no criminal antecedents have been reported against the petitioner. The 2nd respondent has filed annexure B affidavit affirming that the matter has been amicably settled between

CRL.M.C.No. 6375 of 2015 -: 2 :- him and the petitioner and he has no complaints against the petitioner. Considering the fact that the matter has already been settled amicably between the parties, this court is satisfied that no purpose would be served in proceeding with the trial of the case. Matters being so, all further proceedings in Crime No.227/2008 of the Attingal Police Station, which is pending as L.P.No.102/2013 in C.C. 805/2008 of the Judicial First Class Magistrate's Court-I, Attingal, are liable to be quashed.

In the result, this Crl.M.C. is allowed and all further proceedings in Crime No.227/2008 of the Attingal Police Station, which is pending as L.P.No.102/2013 in C.C. 805/2008 of the Judicial First Class Magistrate's Court-I, Attingal, are hereby quashed.

Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge