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High Court of KeralaCrl.MC/6954/2015allowed

Dickson v. State Of Kerala

2015-11-09Honourable Mr. Justice B.Kemal Pasha5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 9TH DAY OF NOVEMBER 2015/18TH KARTHIKA, 1937 --------------------------- CC 10/2011 of JUDICIAL FIRST CLASS MAGISTRATE'S COURT-II, KOLLAM CRIME NO. 1127/2010 OF SAKTHIKULANGARA POLICE STATION, KOLLAM PETITIONERS/ A1 TO A3:

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1. DICKSON, AGED 28 YEARS, S/O.ELIAS, RESIDING AT ALUVILA THEKKATHIL, SAKTHIKULANGARA CHERRY, SAKTHIKULANGARA VILLAGE, KOLLAM DISTRICT.

2. CLINTON, AGED 23 YEARS, S/O.JOHN, RESIDING AT KATTUVILA PUTHUVAL, SAKTHIKULANGARA CHERRY, SAKTHIKULANGARA VILLAGE, KOLLAM DISTRICT.

3. ROSHAN, AGED 23 YEARS, S/O.JOSEPH, RESIDING AT KARUNATTU THOPPIL, SAKTHIKULANGARA CHERRY, SAKTHIKULANGARA VILLAGE, KOLLAM DISTRICT.

BY ADV. SRI.N.SUNIL JOSEPH RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031, REPRESENTING THE SUB INSPECTOR OF POLICE, SAKTHIKULANGARA POLICE STATION, KOLLAM DISTRICT- 691 001.

2. JOSE @ HOLY MOTHER, AGED 43 YEARS, S/O.XAVIER, RESIDING AT KALLUMMOOTTIL THOPPIL SAKTHIKULANGARA CHERRY, SAKTHIKULANGARA VILLAGE, KOLLAM DISTRICT-691 001.

R1 BY PUBLIC PROSECUTOR SMT.SAREENA R2 BY ADV. SRI.B.BIPIN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

DSV/12/11/15

--------------------------- APPENDIX PETITIONERS'ANNEXURES:

---------------------- ANNEXURE A1. COPY OF THE FIR IN CRIME NO.1127/10 OF SAKTHIKULANGARA POLICE STATION.

ANNEXURE A2. COPY OF THE CHARGE SHEET IN CC 10/11 ON THE FILE OF THE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT II, KOLLAM.

ANNEXURE A3. COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT.

RESPONDENTS' ANNEXURES:

----------------------- NIL // True Copy // P.A. To Judge DSV/12/11/15

B.KEMAL PASHA, J.

====================== Crl.M.C. No. 6954 of 2015 ======================= Dated this the 9th day of November, 2015

O R D E R

Petitioners are accused in C.C. No.10 of 2011 of the Judicial First Class Magistrate's Court-II, Kollam, which has arisen from Crime No.1127 of 2010 of the Sakthikulangara Police Station, registered for the offences punishable under Sections 341 and 323 of the Indian Penal Code read with Section 34 IPC.

2.

The matter has been amicably settled between the petitioners and the defacto complainant, who is the 2nd respondent herein. The defacto complainant has filed Annexure-A3 affidavit affirming that the matter has been amicably settled between him and the petitioners and he has no complaints against the petitioners.

3.

No criminal antecedents have been reported against the petitioners. When the matter has been amicably settled, no

Crl.M.C. No.6954 of 2015 purpose would be served in proceeding with the matter further, and therefore, all further proceedings against the petitioners in C.C. No.10 of 2011 pending before the Judicial First Class Magistrate's Court-II, Kollam, based on Annexure-A2 Final Report in Crime No.1127 of 2010 of the Sakthikulangara Police Station, can be quashed.

In the result, this Crl.M.C. is allowed and all further proceedings against the petitioners in C.C. No.10 of 2011 pending before the Judicial First Class Magistrate's Court-II, Kollam, based on Annexure-A2 Final Report in Crime No.1127 of 2010 of the Sakthikulangara Police Station, are hereby quashed. Sd/- B.KEMAL PASHA JUDGE DSV/11/11/15 // True Copy // P.A. To Judge