Gopakumar v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 28TH DAY OF OCTOBER 2015/6TH KARTHIKA, 1937 Crl.MC.No. 6488 of 2015 ------------------------------------- C.C.NO.1039/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PATHANAMTHITTA CRIME NO. 853/2014 OF PATHANAMTHITTA POLICE STATION , PATHANAMTHITTA -------------------- NAME AND ADDRESS OF THE PETITIONER(S)/ACCUSED NO.1 & 2 :
1. GOPAKUMAR, AGED 29 YEARS, S/O.RAMACHANDRAN PILLAI, RESIDING AT MAMBASSERI VEEDU, KAIPPUZHA, KULANADA, PATHANAMTHITTA DISTRICT.
2. SINU THOMAS, AGED 31 YEARS, S/O.ABRAHAM, RESIDING AT ADIMURIYIL VEEDU, VAZHAMUTTAM EAST, VALLICODE, KONNI TALUK, PATHANAMTHITTA DISTRICT BY ADV. SRI.MANU RAMACHANDRAN NAME AND ADDRESS OF THE RESPONDENT(S)/COMPLAINANT & DE-FACTO COMPLAINANT :
1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION, WHO IS REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. RAJESH, AGED 35 YEARS, S/O.MANMADHAN NAIR, RESIDING AT ANJALI, MAROOR MURI, PRAMADOM VILLAGE, KONNI TALUK, PATHANAMTHITTA DISTRICT.
R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE R2 BY ADV. SMT.B.L.RENJU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
Crl.MC.No. 6488 of 2015
------------------------------------ APPENDIX PETITIONER(S)' ANNEXURES :
ANNEXURE A1:
THE CERTIFIED COPY OF THE FIR IN CRIME NO.853/2014 OF PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA. ANNEXURE A2:
THE CERTIFIED COPY OF THE FINAL REPORT FILED BY THE PATHANAMTHITTA POLICE BEFORE THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE COURT- I, PATHANAMTHITTA.
ANNEXURE A3:
THE ORIGINAL OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 18/08/2015.
RESPONDENT(S)' ANNEXURES :
NIL //TRUE COPY// P.A.TO JUDGE.
Msd.
B. KEMAL PASHA, J.
````````````````````````````````````````````````````````````` Crl.M.C. No.6488 of 2015 E ````````````````````````````````````````````````````````````` Dated this the 28th day of October, 2015
O R D E R
~ ~ ~ ~ ~ ~ Petitioners are the accused in CC No.1039/2014 of the Judicial First Class Magistrate's Court-I, Pathanamthitta, which has arisen from Crime No.853/2014 of Pathanamthitta Police Station for the offences punishable under Sections 323, 324 and 294(b) read with Section 34 IPC.
2.
It seems that the matter has been amicably settled between the petitioners and the de facto complainant, who is the 2nd respondent herein. 3.
The 2nd respondent has filed Annexure-A3 affidavit affirming that the matter has been amicably settled between him and the petitioners and presently, he has no complaints against the petitioners. No criminal antecedents have been reported against the petitioners. The injuries
Crl.M.C.6488/2015 : 2 :
sustained to the de facto complainant are trivial. No purpose would be served in proceeding with the matter further. Matters being so, all further proceedings against the petitioners in CC No.1039/2014 of the Judicial First Class Magistrate's Court-I, Pathanamthitta, which has arisen from Crime No.853/2014 of Pathanamthitta Police Station, can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings against the petitioners in CC No.1039/2014 of the Judicial First Class Magistrate's Court-I, Pathanamthitta, which has arisen from Crime No.853/2014 of Pathanamthitta Police Station, are quashed.
Sd/- (B.KEMAL PASHA, JUDGE) aks/28/10 // True Copy // PA to Judge