Jobice v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 6TH DAY OF NOVEMBER 2015/15TH KARTHIKA, 1937 Crl.MC.No. 7009 of 2015 ----------------------------------- CC 927/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, TALIPARAMBA CRIME NO. 9/2011 OF ALAKODE POLICE STATION, KANNUR ..........

PETITIONER(S)/ACCUSED:

------------------------------------- JOBICE, AGED 34 YEARS, S/O.MATHEW, KURUVINAPAKUTHIYIL HOUSE, KANIYANCHAL, VELLAD P.O., VELLAD AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT.

BY ADV. SRI.V.T.MADHAVANUNNI RESPONDENT(S)/STATE & AGGRIEVED PERSONS:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031, THROUGH S.H.O.

ALAKODE POLICE STATION, KANNUR DISTRICT.

2. JOHN, AGED 58 YEARS, S/O.JOSEPH, KALARICKAL HOUSE, VELLAD AMSOM, THENMALA, VELLAD P.O, TALIPARAMBA TALUK, KANNUR DISTRICT - 670 571.

3. LIJO JOHN, AGED 34 YEARS, S/O.JOHN, KALARICKAL HOUSE, VELLAD AMSOM, THENMALA, VELLAD P.O, TALIPARAMBA TALUK, KANNUR DISTRICT - 670 571.

R1 BY PUBLIC PROSECUTOR SMT.MAYA R2 & R3 BY ADV. SRI.V.A.SATHEESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

Crl.MC.No. 7009 of 2015 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

ANNEXURE A1. TRUE CERTIFIED COPY OF THE CHARGE SHEET SUBMITTED BY THE POLICE BEFORE THE JFCM COURT, TALIPARAMBA IN CRIME 9/11 OF ALAKODE POLICE STATION.

ANNEXURE A2. TRUE CERTIFIED COPY OF THE JUDGMENT IN CC 167/11 ON THE FILE OF JFCM COURT, TALIPARAMBA.

RESPONDENT(S)' ANNEXURES:

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

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` Crl.M.C. No.7009 of 2015 A ````````````````````````````````````````````````````````````` Dated this the 6th day of November, 2015

O R D E R

~ ~ ~ ~ ~ ~ Petitioner is the accused in CC No.927/2013 of the Judicial First Class Magistrate's Court, Taliparamba, which has arisen from Crime No.9/2011 of Alakode Police Station, Kannur district, for the offences punishable under Sections 294(b), 506(ii), 448 and 427 read with Section 34 IPC.

2.

It seems that the matter has been amicably settled between the petitioner and the de facto complainant, who is the 2nd respondent herein. Respondent No.3 is also an aggrieved person.

3.

Respondents 2 and 3 have filed separate affidavits affirming that the matter has been amicably settled between them and the petitioner and presently, they have no complaints against the petitioner. When the matter is

Crl.M.C.7009/2015 : 2 :

settled amicably between the parties, no purpose would be served in proceeding with the matter further. Matters being so, all further proceedings against the petitioner in CC No.927/2013 of the Judicial First Class Magistrate's Court, Taliparamba, which has arisen from Crime No.9/2011 of Alakode Police Station, can be quashed.

In the result, this Crl.M.C. is allowed and all further proceedings against the petitioner in CC No.927/2013 of the Judicial First Class Magistrate's Court, Taliparamba, which has arisen from Crime No.9/2011 of Alakode Police Station, are quashed.

Sd/- (B.KEMAL PASHA, JUDGE) aks/06/11 // True Copy // PA to Judge