Mahin v. Jins

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. 6690 of 2015 () --------------------------- CRIME NO. 1552/2015 OF MUVATTUPUZHA POLICE STATION, ERNAKULAM DISTRICT -------------------- PETITIONER/ACCUSED:

-------------------------------------- MAHIN, PADINJARECHALIL HOUSE, URAVAKUZHI BHAGAM, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA.

BY ADV. SRI.GEORGE SEBASTIAN RESPONDENTSINJURED AND STATE :

----------------------------------------------------------

1. JINS, S/O.VARKEY, KALAPPURAKKAL HOUSE, NEAR JACOBITE CHURCH MARIKA, PALAKKUZHA VILLAGE, ERNAKULAM DISTRICT, PIN-683 102

2. SUJITH KUMAR A.J,S/O.JAYAKUMAR, ANAKATHIPPARAMBIL HOUSE, THOTTUMUGHAM , ALUVA, ERNAKULAM DISTRICT, PIN-683 101

3. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

R1 BY ADV. SRI.P.M.RAFEEK R3 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts

Crl.MC.No. 6690 of 2015 () --------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

--------------------------------------------- ANNEX A:- TRUE COPY OF THE FIR AND FI STATEMENT IN CRIME NO.1552/2015 OF MUVATTUPUZHA POLICE STATION ANNEX B:- AFFIDAVIT SWORN TO THE IST RESPONDENT DTD 17/9/2015 ANNEX C:- AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT DTD 19/9/2015 RESPONDENT(S)' ANNEXURES:

NIL ----------------------------------------------- /TRUE COPY/ P.S.TO JUDGE sts

B. KEMAL PASHA, J.

................................................................ CRL.M.C. No.6690 of 2015 ............................................................... Dated this the 28th day of October, 2015

O R D E R

Petitioner is the sole accused in Crime No.1552/2015 of the Muvattupuzha Police Station, registered for the offences punishable under Sections 452, 294(b), 324 and 427 of the Indian Penal Code. The matter has been settled between the petitioner and the defacto complainant and the other injured, who are respondents 1 and 2 herein. They have filed separate affidavits affirming that the matter has been amicably settled between them, and that they have no complaints against the petitioner.

2.

On going through the facts and circumstances of the case, it seems that the matter can be permitted to be settled. The injuries allegedly sustained to respondents 1

CRL.M.C.No. 6690 of 2015 -: 2 :- and 2 are trivial. When the matter has been settled, no purpose would be served in proceeding with the matter further and therefore, Annexure A FIR and all further proceedings in Crime No.1552/2015 of the Muvattupuzha Police Station, are liable to be quashed.

In the result, this Crl.M.C. is allowed and Annexure A FIR and all further proceedings in Crime No.1552/2015 of the Muvattupuzha Police Station, are hereby quashed. Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge