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High Court of KeralaCrl.MC/6721/2015allowed

Anithan v. State Of Kerala

2015-10-28Honourable Mr. Justice B.Kemal Pasha4 pages

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. 6721 of 2015 () --------------------------- CC.NO. 3862/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-III,THRISSUR CRIME NO. 1165/2014 OF OLLUR POLICE STATION , THRISSUR DISTRICT ------------------- PETITIONER/ACCUSED:

------------------------------------- ANITHAN, AGED 37 YEARS, S/O.PRABHAKARAN, KAROOTTE HOUSE, AMBALOOR, MANNUMPETTA DESOM, THRISSUR DISTRICT.

BY ADV. SRI.T.B.GAFOOR RESPONDENTS/STATE OF KERALA AND DEFACTO COMPLAINANT: --------------------------------------------------------------------------------------------------

1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PIN-682 031

2. JIBI, AGED 31 YEARS, S/O.JACOB, KANJIRATHINGAL HOUSE, NADATHARA VILLAGE, NELLIKUNNU DESOM, THRISSUR DISTRICT-680 005 R1 BY PUBLIC PROSECUTOR SMT. P.MAYA R2 BY ADV. SRI.E.VIJIN KARTHIK 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. 6721 of 2015 () ------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

------------------------------------------- ANNEX-A1 CERTIFIED COPY OF THE FIR IN CRIME NO.1165/14 OF OLLUR POLICE STATION DATED 1-06-2014,THRISSUR LODGED BY THE OLLUR POLICE DATED 1-06-2013 ANNEX-A2 CERTIFIED COPY OF THE FINAL REPORT IN ANNEXURE A1 FIR . ANNEX-A3 THE AFFIDAVIT OF SETTLEMENT SWORN BY THE DEFACTO COMPLAINANT/2ND RESPONDENT DATED 3/10/2015.

RESPONDENT(S)' ANNEXURES:

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

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` Crl.M.C. No.6721 of 2015 A ````````````````````````````````````````````````````````````` Dated this the 28th day of October, 2015

O R D E R

~ ~ ~ ~ ~ ~ Petitioner is the accused in CC No.3862/2014 of the Judicial First Class Magistrate's Court-III, Thrissur, which has arisen from Crime No.1165/2014 of Ollur Police Station for the offences punishable under Sections 420 and 406 IPC.

2.

The matter relates to money transaction. Presently, the matter has been amicably settled between the petitioner and the de facto complainant, who is the 2nd respondent herein. It seems that the amount due to the de facto complainant has been paid by the petitioner. 3.

The de facto complainant has filed Annexure-A3 affidavit affirming that the matter has been amicably settled between him and the petitioner and presently, he has no complaints against the petitioner. No purpose would be

Crl.M.C.6721/2015 : 2 :

served in proceeding with the prosecution further. Matters being so, all further proceedings against the petitioner in CC No.3862/2014 of the Judicial First Class Magistrate's Court-III, Thrissur, which has arisen from Crime No.1165/2014 of Ollur Police Station, can be quashed. In the result, this Crl.M.C. is allowed and all further proceedings against the petitioner in CC No.3862/2014 of the Judicial First Class Magistrate's Court-III, Thrissur, which has arisen from Crime No.1165/2014 of Ollur Police Station, are quashed.

Sd/- (B.KEMAL PASHA, JUDGE) aks/28/10 // True Copy // PA to Judge