Sreejith S.Nair 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 Crl.MC.No. 6767 of 2015 () --------------------------- CC.NO. 413/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PATHANAMTHITTA CRIME NO. 774/2010 OF ARANMULA POLICE STATION, PATHANAMTHITTA ------------------------ PETITIONERS/ACCUSED :
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1. SREEJITH S. NAIR @ KANNAN, AGED 27, S/O. SOMASHEKHARAN NAIR, SREEBHAVANAM, EDASSERIMALA, ARANMULA VILLAGE, PATHANAMTHITTA DIST.
2. MANU @ MANU M. NAIR AGED 25 YEARS, S/O.MOHANAN NAIR, REKNALAYAM MALLAPPUZHASSERY VILLAGE, THARAYIL MUKK PATHANAMTHITTA DIST.
3. DEEPAK CANDRAN @ KANNAN, AGED 24 YEARS, S/O. JAYACHANDRAN NAIR, MODIYIL HOUSE, EDASSERYMALA ARANMULA VILLAGE, PATHANAMTHITTA.
4. BILAHARI SHARMA AGED 30 YEARS, VASUDEVASHARMA, AISHWARYA VINDAVAN, THARAYIL MUKK MALLAPPUZHASSERY VILLAGE, ARANMULA PATHANAMTHITTA DIST.
BY ADV. SRI.M.MANOJ KUMAR RESPONDENTS/STATE & DEFACTO COMPLAINANTS :
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA.
...2/-
Crl.MC.No. 6767 of 2015 () -2-
2. SREEJITH, AGED 23 YEARS, S/O. SOMARAJAN, KALLUKALAYIL HOUSE, EDASSERYMALA ARANMULA, PATHANAMTHITTA DIST., PIN - 682 002.
3. VISHNUPRABHA, AGED 25 YEARS, S/O. PRABHAKARAN NAIR, ERATTUKALAYIL, EDASSERIMALAYIL ARANMULA VILLAGE, PATHANAMTHITTA, PIN - 682 002.
R1 BY PUBLIC PROSECUTOR SMT. P. MAYA R2 & R3 BY ADV. SMT.L.SMITHARAJ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...3/-
Crl.MC.No. 6767 of 2015 () -------------------------------------- APPENDIX PETITIONERS' ANNEXURES :
------------------------------------------- ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO 774/2010 DT. 08-08-2010 BY ARANMULA POLICE STATION.
ANNEXURE A2 TRUE COPY OF THE FINAL REPORT IN CC NO. 413/2010 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT NO. 1, PATHANAMTHITTA.
ANNEXURE A3 AFFIDAVIT DATED 28-09-2015.
ANNEXURE A4 AFFIDAVIT DATED 28-09-2015.
RESPONDENT(S)' ANNEXURES : NIL ----------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn
B.KEMAL PASHA, J.
====================== Crl.M.C. No. 6767 of 2015 ======================= Dated this the 4th day of November, 2015
O R D E R
Petitioners are the accused in C.C.No.413 of 2010 of the Judicial First Class Magistrate's Court-I, Pathanamthitta, which has arisen from Crime No.774 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.773 of 2010 of the same Police Station.
Crl.M.C. No.6767 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.413 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.774 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.413 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.774 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