Sreejith E.P v. Suresh Babu

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 3RD DAY OF NOVEMBER 2015/12TH KARTHIKA, 1937 Crl.MC.No. 6729 of 2015 ----------------------------------- SC 655/2013 of SPECIAL COURT (ATROCITIES AGAINST SC/ST), MANJERI CRIME NO. 64/2007 OF KUTTIPURAM POLICE STATION, MALAPPURAM ...........

PETITIONER(S):

----------------------- SREEJITH E.P., AGED 29 YEARS, S/O.ARUMUGHAN E.P., EDASSERIPPADI HOUSE, KUTTIPPURAM, MALAPPURAM.

BY ADV. SRI.G.ANEESH RESPONDENT(S):

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

1. SURESH BABU, AGED 40 YEARS, S/O.KUNJATHA, VARIYATHAPPADI HOUSE, KUTTIPPURAM, MALAPPURAM 676 571.

2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.

R1 BY ADV. SRI.P.V.ANOOP R2 BY PUBLIC PROSECUTOR SMT.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

Crl.MC.No. 6729 of 2015 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

ANNEXURE A. CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.64/2007 OF KUTTIPURAM POLICE.

ANNEXURE B. CERTIFIED COPY OF THE JUDGMENT DATED 6.11.13 IN SC 154/08 ON THE FILE OF THE SPECIAL COURT FOR THE TRIAL OF SC/ST (POA) ACT CASES, MANJERI WITH PROCEEDING PAPER.

ANNEXURE C. COPY OF THE STATEMENTS OF PW1.

ANNEXURE D. COPY OF THE STATEMENTS OF PW2.

ANNEXURE E. COPY OF THE STATEMENTS OF PW3.

ANNEXURE F. COPY OF THE STATEMENTS OF PW4.

ANNEXURE G. COPY OF THE STATEMENTS OF PW5.

ANNEXURE H. COPY OF THE STATEMENTS OF PW6.

ANNEXURE I. COPY OF THE AFFIDAVIT FILED BY THE IST RESPONDENT DATED 1.10.15.

RESPONDENT(S)' ANNEXURES:

NIL //TRUE COPY// P.S.TO JUDGE Msv/

B.KEMAL PASHA, J.

====================== Crl.M.C. No. 6729 of 2015 ======================= Dated this the 3rd day of November, 2015

O R D E R

Petitioner is the accused in SC No.655 of 2013 of the Special Court for the Trial of SC/ST (POA) Act Cases, Manjeri, which has arisen from Crime No.64 of 2007 of the Kuttippuram Police Station, for the offences punishable under Sections 143, 147, 148, 341 and 324 read with Section 149 IPC and Section 3(1)(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. It seems that the matter has been amicably settled between the parties.

2.

The defacto complainant in the case, who is the 1st respondent herein, has filed a separate affidavit as Annexures-I affirming that the matter has been amicably settled between him and the petitioner and presently, he has no complaints against the petitioner. In such case, no purpose would be served in

Crl.M.C. No.6729 of 2015 proceeding with the matter further. Matters being so, this Court is of the view that Annexure-A final report and all further proceedings against the petitioner in SC No.655 of 2013 of the Special Court for the Trial of SC/ST (POA) Act Cases, Manjeri, which has arisen from Crime No.64 of 2007 of the Kuttippuram Police Station, can be quashed.

In the result, this Crl.M.C. is allowed and Annexure-A final report and all further proceedings against the petitioner in SC No.655 of 2013 of the Special Court for the Trial of SC/ST (POA) Act Cases, Manjeri, which has arisen from Crime No.64 of 2007 of the Kuttippuram Police Station, are hereby quashed. Sd/- B.KEMAL PASHA JUDGE DSV/4/11/15 // True Copy // P.A. To Judge

Crl.M.C. No.6729 of 2015