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High Court of KeralaCrl.MC/7063/2015allowed

Saji, S/O.Satheesan v. The State Of Kerala

2015-12-07Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 7TH DAY OF DECEMBER 2015/16TH AGRAHAYANA, 1937 Crl.MC.No. 7063 of 2015 () --------------------------- CP 37/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I,ATTINGAL ---------------- PETITIONERS/A1 TO A4 :

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1. SAJI, S/O.SATHEESAN,, SELIN NIVAS, NELIMOODU, ELAMBA VILLAGE, TRIVANDRUM

2. AJIN, S/O. ASOKAN, ASWATHI BHAVAN, NELIMOODU ELEAMBA VILLAGE, TRIVANDRUM

3. ARUN, S/O. ANTHAKRISHNAN, NELIMOODU, ELAMBA VILLAGE,TRIVANDRUM

4. ARUN, S/O. MOHANAN, KODIKONATHU, NELIMOODU, ELAMBA VILLAGE, TRIVANDRUM BY ADV. SRI.M.R.SARIN RESPONDENTS/COMPLAINANT :

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1. THE STATE OF KERALA REPRESETED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

2. RAHUL, AGED 25 YEARS, S/O. SASIDHARAN PILLAI, ROHINI NIVAS, ELAMBA VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT- 695021 R1 BY PUBLIC PROSECUTOR SMT. P.MAYA R2 BY ADV. SRI.AJAYA KUMAR. G THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

Crl.MC.No. 7063 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE A1:

THE TRUE COPY OF THE FIR NO 147/15 OF ATTINGAL POLICE STATION.

ANNEXURE A2:

THE TRUE COPY OF THE FINAL REPORT IN CP NO 37/15 BEFORE JUDICIAL FIRST MAGISTRATE COURT-1 ATTINGAL. ANNEXURE A3:

AFFIDAVIT SIGNED BY THE 2ND RESPONDENT RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.A.TO JUDGE bp

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` Crl.M.C. No.7063 of 2015 G ````````````````````````````````````````````````````````````` Dated this the 7th day of December, 2015

O R D E R

~ ~ ~ ~ ~ ~ Petitioners are the accused in C.P. No.37/2015 of the Judicial First Class Magistrate's Court-I, Attingal, which has arisen from Crime No.147/2015 of Attingal Police Station, for the offences punishable under Sections 294(b) and 308 read with Section 34 IPC.

2.

It seems that the matter has been amicably settled between the parties. The records do not reveal the ingredients of an offence under Section 308 IPC. The 2nd respondent, who is 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.

Crl.M.C.7063/2015 : 2 :

3.

When the matter has been amicably settled between the parties, no purpose would be served in proceeding with the matter any further. Matters being so, all further proceedings against the petitioners in C.P. No.37/2015 of the Judicial First Class Magistrate's Court-I, Attingal, which has arisen from Crime No.147/2015 of Attingal Police Station, can be quashed.

In the result, this Crl.M.C. is allowed and all further proceedings against the petitioners in C.P. No.37/2015 of the Judicial First Class Magistrate's Court-I, Attingal, which has arisen from Crime No.147/2015 of Attingal Police Station, are quashed.

Sd/- (B.KEMAL PASHA, JUDGE) aks/07/12 // True Copy // PA to Judge