Humsath v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 29TH DAY OF OCTOBER 2015/7TH KARTHIKA, 1937 Crl.MC.No. 6680 of 2015 () --------------------------- CC 3458/2009 of JUDICIAL FIRST CLASS MAGISTRATE'S COURT-II, ERNAKULAM CRIME NO. 1894/2009 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM PETITIONERS/ACCUSED:
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1. HUMSATH, AGED 29 YEARS, S/O.ISMAIL, KATTATHARA HOUSE, KONNAM, PALLURUTHY P.O., PIN - 682 006, PERUMBADAPPU, ERNAKULAM.
2. PEEDAMBARAN, AGED 58 YEARS, S/O.KESAVAN, VARADATHUPARAMBIL HOUSE, LABOUR COLONY, THAMMANAM, POONITHURA VILLAGE, ERNAKULAM DISTRICT.
3. RATHEESH, AGED 54 YEARS, S/O.PADMANABHAN PILLAI, MALAYIL HOUSE, ARAYANKAVU KARA, AMBALLOOR VILLAGE, ERNAKULAM DISTRICT.
BY ADV. SRI.T.JEEJAN RESPONDENTS:
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682 031.
2. ALIKUNJU, AGED 46 YEARS, S/O.MAKKAR, THEKKALAKUDY HOUSE, KARUKULAM KARA, KIZHAKKAMBALAM VILLAGE, ERNAKULAM DISTRICT.
R1 BY PUBLIC PROSECUTOR SMT.SAREENA R2 BY ADV. SRI.JIMMY GEORGE (VATTATHARA) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 6680 of 2015 () --------------------------- APPENDIX PETITIONERS' ANNEXURES:
----------------------- ANNEXURE-A1: COPY OF THE CHARGE SHEET IN C.C.NO.3458 OF 2009 IN FIR NO.1894/2009 DATED 25.8.2009 OF CENTRAL POLICE STATION PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ERNAKULAM.
RESPONDENTS' ANNEXURES:
----------------------- NIL // True Copy // P.A. To Judge DSV/31/10/2015
B.KEMAL PASHA, J.
====================== Crl.M.C. No. 6680 of 2015 ======================= Dated this the 29th day of October, 2015
O R D E R
The petitioners are the accused in C.C.No.3458 of 2009 of the Judicial First Class Magistrate's Court-II, Ernakulam, which has arisen from Crime No.1894 of 2009 of the Central Police Station, Ernakulam, for the offences punishable under Sections 341, 323 and 506(i) IPC read with Section 34 IPC. The offences involved are compoundable.
2. The matter has been amicably settled between the petitioners and the defacto complainant, who is the 2nd respondent herein. A joint statement is also filed by the 2nd respondent and the petitioners herein. Apart from that the 2nd respondent has filed an affidavit affirming that the matter has been amicably settled between them and he has no complaints against the petitioners. When the matter has been amicably
Crl.M.C. No.6680 of 2015 settled between the parties, no purpose would be served in proceeding with the matter any further. Therefore, all further proceedings in C.C.No.3458 of 2009 of Judicial First Class Magistrate's Court-II, Ernakulam based on Annexure-A1 Final Report in Crime No.1894 of 2009 of the Central Police Station, Ernakulam, can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.3458 of 2009 of Judicial First Class Magistrate's Court-II, Ernakulam based on Annexure-A1 Final Report in Crime No.1894 of 2009 of the Central Police Station, Ernakulam, are hereby quashed.
Sd/- B.KEMAL PASHA JUDGE DSV/29/10/15 // True Copy // P.A. To Judge