Syam @ Syamdas v. Sivasankar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 13TH DAY OF JANUARY 2015/23RD POUSHA, 1936 Crl.MC.No. 5599 of 2014 () --------------------------- CRIME NO. 257/2014 OF MARARIKULAM POLICE STATION , ALAPPUZHA DISTRICT ===================== PETITIONERS/ACCUSED 1 TO 5:
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1. SYAM @ SYAMDAS, AGED 24 YEARS S/O.V.K.DASAN, KUDUNGANGAL VELI, POLETHAY P.O ALAPPUZHA DISTRICT.
2. ABHIJITH, AGED 21 YEARS S/O.HARENDRAN, CHELEKKAD, POLETHAY P.O ALAPPUZHA DISTRICT.
3. SHYN S, AGED 28 YEARS S/O.SATHEESAN, KARIKKAD VELI, POLETHAY P.O ALAPPUZHA DISTRICT.
4. SARATH, AGED 23 YEARS S/O.SHARGATHARAN, KUTTICHIRA VELI MARARIKULAM NORTH P.O, CHERTHALA, ALAPPUZHA.
5. PRAVEEN, AGED 38 YEARS S/O.RAJU, MADATHIVILI, POLETHAY P.O ALAPPUZHA DISTRICT.
BY ADV. SRI.S.R.SREEJITH RESPONDENTS/COMPLAINANT AND STATE:
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1. SIVASANKAR, AGED 19 YEARS S/O.RAJAN PILLAI, KUNJISTHAN PARAMBIL MARARIKULAM NORTH P.O, CHERTHALA, ALAPPUZHA.
2. STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE MARARIKULAM POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 682 031.
BY ADV. SRI.P.VIJESH KUMAR R2 BY PUBLIC PROSECUTOR SMT. P. MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 5599 of 2014 () APPENDIX PETITIONERS' EXHIBITS ----------------------------------- ANNEXURE A1. COPY OF THE FIR IN CRIME NO.257/2014 OF MARARIKULAM POLICE STATION.
ANNEXURE A2. COPY OF THE AFFIDAVIT SWORN BY THE IST RESPONDENT IN THE ABOVE CASE BEFORE THIS HONOURABLE COURT.
ANNEXURE A3. CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 257/2014 OF MARARIKULAM POLICE STATION RESPONDENTS' EXHIBITS -------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE SD
P. UBAID, J.
--------------------------------------- Crl.M.C.No.5599 of 2014 --------------------------------------- Dated this the 13th day of January, 2015
O R D E R
The petitioners herein are the five accused in C.C.No.257/2014 of the Mararikkulam Police Station, registered under Sections 143, 147, 148, 149, 341, 323 and 324 IPC read with 149 IPC, on the complaint of one Sivasankar. The petitioners now seek orders quashing the prosecution, on the ground that they and Sivasankar have come to terms amicably out of court. The police has already submitted final report in court, and the case is now pending as C.C.No.1741/2014 before the Judicial First Class Magistrate Court-I, Alappuzha. The defacto complainant Sivasankar is the 1st respondent in this proceeding brought under Section 482 Cr.P.C. He has filed affidavit to the effect that he has settled the dispute with the accused, and he has no grievance or complaint. I am well satisfied that the parties have really settled the dispute amicably. In such a situation, continuance of prosecution will not serve any purpose, other than wasting the precious time of the court. Nobody will
Crl.M.C.. No.55994/2014 support the prosecution, if the case goes to trial. In the result, this Crl.M.C. is allowed. The prosecution against the petitioner herein in C.C.No.1741/2014 before the Judicial First Class Magistrate Court-I, Alappuzha, will stand quashed under Section 482 Cr.P.C. Accordingly, the petitioner will stand released from prosecution. The bail bond, if any, executed by the petitioner will stand discharged. Sd/- P. UBAID, JUDGE sd