K.Abhilash v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 14TH DAY OF OCTOBER 2015/22ND ASWINA, 1937 Crl.MC.No. 6400 of 2015 --------------------------------- CC 671/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-III, KOZHIKODE CRIME NO. 131/2010 OF PANNIYANKARA POLICE STATION , KOZHIKODE ---------------------- PETITIONER(S)/ACCUSED:
------------------------------------- K.ABHILASH, AGED 35 YEARS, S/O.RAJAN, THATTRAKANDI HOUSE, P.O.WESTHILL, KOZHIKODE DISTRICT.
BY ADV. SRI.RAJIT RESPONDENT(S)/STATE/DEFACTO COMPLAINANT:
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1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. SUBHASH RAO, AGED 34 YEARS, S/O.BABU RAO, NEW WORLD, THIRUVANNOOR, KOZHIKODE TALUK, KOZHIKODE DISTRICT.
R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE R2 BY ADV. SRI.V.V.JOY THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ
Crl.MC.No. 6400 of 2015 --------------------------------- APPENDIX PETITIONER(S)' ANNEXURES ----------------------------------------- ANNEXURE A- TRUE COPY OF THE FINAL REPORT FILED BY THE PANNIYANKARA POLICE BEFORE THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE COURT NO.III, KOZHIKODE.
ANNEXURE B- TRUE COPY OF THE JUDGMENT DT. 24.07.2012 OF THE LEARNED JFCM NO.III, KOZHIKODE IN C.C.NO.671/2010.
ANNEXURE C- TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE DEFACTO COMPLAINANT.
RESPONDENT(S)' ANNEXURES -------------------------------------------- NIL.
/ TRUE COPY / P.S. TO JUDGE PJ
B. KEMAL PASHA, J.
................................................................ CRL. M.C. No. 6400 of 2015 ............................................................... Dated this the 14th day of October, 2015
O R D E R
Petitioner is the accused in C.C.No.521/2012 of the Judicial First Class Magistrate's Court-III, Kozhikode, which has been split up from C.C.No.671/2010 of the said court, registered for the offences punishable under Sections 143, 147, 448, 427 and 506(i) read with Section 149 of the Indian Penal Code. The same has arisen from Crime No.131/2010 of Panniyankara Police Station.
2.
All the other accused in the case except the petitioner, had faced the trial, and they were acquitted through Annexure B judgment. The petitioner could not participate in the said trial and consequently the case against him was split up.
3.
Presently, the matter has been amicably settled
CRL.M.C.No. 6400 of 2015 -: 2 :- between the parties. The defacto complainant has filed Annexure-C affidavit stating that the matter has been amicably settled between the 2nd respondent herein and the petitioner. The offences are compoundable. When the matter stands amicably settled, Annexure-A final report and all further proceedings pending against the petitioner in C.C.No.521/12 of the Judicial First Class Magistrate's CourtIII, Kozhikode arising from Crime No.131/2010 of the Panniyankara Police Station, Kozhikode are liable to be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings pending against the petitioner in C.C.No.521/12 of the Judicial First Class Magistrate's CourtIII, Kozhikode arising from Crime No.131/2010 of the Panniyankara Police Station, Kozhikode are hereby quashed.
Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge