Praveen @ Manikuttan v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 4TH DAY OF NOVEMBER 2015/13TH KARTHIKA, 1937 -------------------------------------- C.C.NO.412/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PATHANAMTHITTA --------------- PETITIONER(S) :
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1. PRAVEEN @ MANIKUTTAN, AGED 27, S/O.VIJAYA KUMAR, SARATHY NILAYAM, EDAYARANMULA P.O., PATHANAMTHITTA DISTRICT.
2. PREMKUMAR K.B., AGED 25, S/O.BHASKARAN, KULATHIL HOUSE, EDASSERIMALA, ARANMULA P.O, PATHANAMTHITTA DISTRICT.
3. PRAVEEN PRASAD @ SUTTU, AGED 25 YRS, S/O.M.D.PRASAD, MODIYIL HOUSE, EDAYARANMULA P.O, ARANMULA, PATHANAMTHITTA DISTRICT.
4. SHERIN DEV M.K., AGED 27 YRS, S/O.KESAVAN V.G., MELEVALAKKADAYIL HOUSE, EDASSERIMALA, ARANMULA P.O, PATHANAMTHITTA DISTRICT.
5. VISHNUPRABHA, AGED 25 YRS, S/O.PRABHAKARAN, ERATTUKALAYIL, THURATHIMALA, EDAYARANMULA P.O, ARANMULA, PATHANAMTHITTA DISTRICT.
BY ADV. SMT.L.SMITHARAJ RESPONDENT(S) :
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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
2. SREEJITH S.NAIR @ KANNAN, AGED 29 YRS, S/O.SOMESEKHARANNAIR, SREEBHAVANAM, KATTIRKAL EDASERIMALYIL, ARANMULA VILLAGE, PATHANAMTHITTA DISTRICT, PIN- 686 620 ..2/-
..2..
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3. MANU, AGED 26 YRS, S/O.MOHANANNAIR, SOMESEKHARANNAIR, RETHNALAYAM, THARAYILMOOKU, MALLAPUZHASERIMURI, MALLAPUZHASERRI VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA, PIN 688- 620.
R1 BY PUBLIC PROSECUTOR SMT.MAYA R2 & R3 BY ADV. SRI.M.MANOJ KUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
------------------------------------ APPENDIX PETITIONER(S)' ANNEXURES :
ANNX.A1:
TRUE COPY OF THE FIR IN CRIME NO.773/2010 DATED 08.08.2010 REGISTERED BY ARANMULA POLICE STATION.
ANNX.A2:
TRUE COPY OF THE FINAL REPORT IN CC NO.412/2010 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT NO.1 PATHANAMTHITTA.
ANNX.A3:
AFFIDAVIT DATED 28.09.2015.
ANNX.A4:
AFFIDAVIT DATED 28.09.2015.
RESPONDENT(S)' ANNEXURES :
NIL //TRUE COPY// P.A.TO JUDGE.
Msd.
B.KEMAL PASHA, J.
====================== Crl.M.C. No. 6645 of 2015 ======================= Dated this the 4th day of November, 2015
O R D E R
Petitioners are the accused in C.C.No.412 of 2010 of the Judicial First Class Magistrate's Court-I, Pathanamthitta, which has arisen from Crime No.773 of 2010 of the Aranmula Police Station, registered for the offences punishable under Sections 143, 147, 148, 323 and 324 of the Indian Penal Code. 2.
The matter has been amicably settled between the petitioners and the defacto complainant and the other injured, who are respondents 2 and 3 herein. The defacto complainant and the other injured have filed Annexure-A3 and Annexure-A4 affidavits affirming that the matter has been amicably settled between them and the petitioners and they have no complaints against the petitioners.
3.
There is a connected case also in the matter registered as Crime No.774 of 2010 of the same Police Station.
Crl.M.C. No.6645 of 2015 The matter involved in the said crime has also been settled between the parties. 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.412 of 2010 pending before the Judicial First Class Magistrate's Court-I, Pathanamthitta, as against the petitioners, based on Annexure-A2 Final Report in Crime No.773 of 2010 of the Aranmula Police Station, can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.412 of 2010 pending before the Judicial First Class Magistrate's Court-I, Pathanamthitta, as against the petitioners, based on Annexure-A2 Final Report in Crime No.773 of 2010 of the Aranmula Police Station, are hereby quashed. Sd/- B.KEMAL PASHA JUDGE DSV/7/11/15 // True Copy // P.A. To Judge