Shambu v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 16TH DAY OF NOVEMBER 2015/25TH KARTHIKA, 1937 Crl.MC.No. 6480 of 2015 () --------------------------- CC.NO. 1218/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -I, KOLLAM CRIME NO. 124/2013 OF ANCHALUMMOODU POLICE STATION , KOLLAM DISTRICT --------------------- PETITIONER(S)/ACCUSED A1 TO 3 :
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1. SHAMBU, AGED 25 YEARS, S/O.SHAJI, THRIVENI HOUSE, NEAR THRICHALLOOR TEMPLE, VARKKALA AYIROOR VILLAGE, THIRUVANANTHAPURAM DISTRICT.
2. DILUJITH, AGED 25 YEARS, S/O.THRIDEEP, PRATHEEKSHA VEEDU, MYLADUMPARA DESOM, PARIPPALLY VILLAGE, THIRUVANANTHAPURAM DISTRICT.
3. NITHEESH ROY, AGED 24 YEARS, S/O.SUNILDATH ROY, SUNIL NIVAS, NEAR KOTTIYAM HOLLY CROSS HOSPITAL, THAZHUTHALA CHERRI, ADICHANALLOOR VILLAGE, KOLLAM DISTRICT.
BY ADV. SRI.P.V.DILEEP RESPONDENT(S)/COMPLAINANT :
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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. FREDERIC FRANCIS, AGED 21 YEARS, S/O.FRANCIS ANTONY, KALPADAKKAL HOUSE, BEHIND THANKASSERI MARKET, KOLLAM WEST VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT.
R1 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE R2 BY ADV. SRI.T.P.PRADEEP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts
Crl.MC.No. 6480 of 2015 () -------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:
------------------------------------------- ANNEX A:- A TRUE COPY OF FINAL REPORT IN CRIME NO.124/2013 OF ANCHALUMOOD POLICE STATION, IN KOLLAM DISTRICT ANNEX B:- NOTARIZED AFFIDAVIT FILED OF THE 2ND RESPONDENT RESPONDENT(S)' ANNEXURES:
NIL ------------------------------------------------ /TRUE COPY/ P.S.TO JUDGE sts
B.KEMAL PASHA, J.
====================== Crl.M.C. No. 6480 of 2015 ======================= Dated this the 16th day of November, 2015
O R D E R
Petitioners are A1 to A3 in C.C.No.1218 of 2014 of the Judicial First Class Magistrate's Court-I, Kollam, which has arisen from Crime No.124 of 2013 of the Anchalumood Police Station, registered for the offences punishable under Sections 341, 323 and 324 of the Indian Penal Code read with Section 34 IPC.
2.
The matter has been amicably settled between the petitioners and the defacto complainant, who is the 2nd respondent herein. The defacto complainant has filed Annexure-B affidavit affirming that the matter has been amicably settled between him and the petitioners and he has no complaints against the petitioners.
3.
No criminal antecedents have been reported against the petitioners. When the matter has been amicably settled, no purpose would be served in proceeding with the matter further, and therefore, all further proceedings in
C.C.No.1218 of 2014 pending before the Judicial First Class Magistrate's Court-I, Kollam, as against the petitioners, based on Annexure-A Final Report in Crime No.124 of 2013 of the Anchalumood Police Station, are liable to be quashed. In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.1218 of 2014 pending before the Judicial First Class Magistrate's Court-I, Kollam, as against the petitioners, based on Annexure-A Final Report in Crime No.124 of 2013 of the Anchalumood Police Station, are hereby quashed.
SD/- B.KEMAL PASHA JUDGE DSV/16/11/15 // true copy // P.S. to Judge.