Sony 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. 6785 of 2015 () --------------------------- SC.NO. 696/2011 OF ADDL. DISTRICT AND SESSIONS COURT-III, ALAPPUZHA CRIME NO. 1019/2010 OF ALAPPUZHA NORTH POLICE STATION, ALAPPUZHA -------------------- PETITIONERS/ACCUSED NO.1 TO 3 :
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1. SONY, S/O.JOHN, AGED 33 YEARS THATTUKADU VEEDU, WARD XI MARARIKULAM SOUTH PANCHAYATH, ALAPPUZHA.
2. TOJI, S/O.RAPHEL, AGED 27 YEARS KATTIKADU HOUSE, WARD NO. XI MARARIKULAM SOUTH PANCHAYATH, ALAPPUZHA.
3. SEBASTIAN S/O.JOSEPH, 28 YEARS PATHU THAYYIL VEEDU, WARD VIII MARARIKULAM SOUTH PANCHAYATH, ALAPPUZHA.
BY ADV. KUM.D.MINI RAJAN RESPONDENTS/STATE OF KERALA AND DEFACTO COMPLAINANTS : ----------------------------------------------------------------------------------------------------
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, PIN-682031.
...2/-
Crl.MC.No. 6785 of 2015 () -2-
2. VINOD VINCENT, S/O.VINCENT, AGED 26 YEARS VALIYAVEETTIL HOUSE, WARD NO.X MARARIKKULAM PANCHAYATH, POOMKAVU, MARARIKULAM P.O., ALAPPUZHA, PIN-688 038.
3. VIPIN VINCENT, S/O.VINCENT, AGED 25 YEARS VALIYAVEETTIL HOUSE, WARD NO.X MARARIKKULAM PANCHAYATH, POOMKAVU, MARARIKULAM P.O.
ALAPPUZHA, PIN-688038.
R1 BY PUBLIC PROSECUTOR SMT. P. MAYA R2 & R3 BY ADV. SRI.P.S.PRADEEP 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. 6785 of 2015 () ------------------------------------ APPENDIX PETITIONERS' ANNEXURES :
-------------------------------------------- ANNEXURE A1:
TRUE COPY OF CHARGE SHEET IN CRIME NO.1019/2010 OF THE ALAPPUZHA NORTH POLICE STATION.
ANNEXURE A2:
TRUE COPY OF WOUND CERTIFICATE OF 2ND RESPONDENT DATED 25-10-2010.
ANNEXURE A2(a):
TRUE COPY OF WOUND CERTIFICATE OF 3RD RESPONDENT DATED 25-10-2010.
ANNEXURE A3:
TRUE COPY OF AFFIDAVIT SWORN BY 2ND RESPONDENT DATED 7-11-2014.
ANNEXURE A3(a):
TRUE COPY OF AFFIDAVIT SWORN BY 3RD RESPONDENT DATED 14-10-2014.
ANNEXURE A4:
TRUE COPY OF ORDER IN CRL.MC.NO. 4380/2015 PASSED BY THIS HON'BLE COURT DT.22-7-2015.
RESPONDENT(S)' ANNEXURES : NIL -------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn
B.KEMAL PASHA, J.
====================== Crl.M.C. No. 6785 of 2015 ======================= Dated this the 4th day of November, 2015
O R D E R
The petitioners are the accused in S.C.No.696 of 2011 of the Additional Sessions Court-III, Alappuzha, which has arisen from Crime No.1019 of 2010 of the Alappuzha Noth Police Station, for the offences under Sections 323, 324 and 308 read with Section 34 IPC.
2. According to the petitioners, the matter has been amicably settled between them and the defacto complainant and the other injured. The defacto complainant and the other injured have filed Annexure-A3 and Annexure-A3(a) affidavits, affirming that the matter has been amicably settled and they have no complaints or grievances against the petitioners. At the same time, on going through the allegations against the accused, it seems that, there is an allegation that one of the accused
Crl.M.C. No.6785 of 2015 inflicted a stab on the abdomen of CW2 with a knife. Considering the seriousness of the allegations against the petitioners, this cannot accept or endorse the settlement arrived at by the parties in a case like this. At the same time, the court below can take note of the settlement arrived at between the parties, and take the case out of turn, and dispose it of expeditiously.
With the said observations, this Crl.M.C. is dismissed. Sd/- B.KEMAL PASHA JUDGE DSV/4/11/15 // True Copy // P.A. To Judge