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High Court of KeralaCrl.MC/7083/2015allowed

Arun.S v. State Of Kerala

2015-11-17Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 17TH DAY OF NOVEMBER 2015/26TH KARTHIKA, 1937 Crl.MC.No. 7083 of 2015 ---------------------------------- CC 141/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KARUNAGAPPALLY CRIME NO. 1363/2011 OF OCHIRA POLICE STATION, KOLLAM ------------------ PETITIONER(S)/ACCUSED NOS. 2 & 6 TO 8:

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1. ARUN.S, AGED 21 YEARS, S/O. SRIDHARAN, VALIYATHU, CHANGANKULANGARA, VAVVAKKAVU, OACHIRA, KARUNAGAPPALLY, KOLLAM DISTRICT.

2. ANISH KRISHNAN, AGED 22 YEARS, S/O. GOPALAKRISHNAN, AMRITHALAYAM, CHANGANKULANGARA, VAVVAKKAVU, PACHIRA, KARUNAGAPPALLY, KOLLAM DISTRICT.

3. ABHILASH @ AKASH, AGED 21 YEARS, S/O. SUMESH, KUNNUTHARAYIL, CHANGANKULANGARA, OACHIRA P.O, OACHIRA VILLAGE, KOLLAM DISTRICT.

4. LAJEESH, AGED 25 YEARS, S/O. LEKSHMANAN, THECHANPARAMPIL, VAVVAKKAVU P.O, CHANGANKULANGARA, OACHIRA VILLAGE, KOLLAM DISTRICT. BY ADVS.SRI.K.SIJU SMT.S.SEETHA RESPONDENT(S)/DE-FACTO COMPLAINANT & STATE:

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1. STATE OF KERALA, REPRESENED BY SUB INSPECTOR OF POLICE, OACHIRA POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682031.

2. VISAKH @ KOCHUMON, AGED 21 YEARS, S/O. OMANAKUTTAN PILLAI, MUTTATHU HOUSE, MADATHIKARAZHMA MURI, OACHIRA VILLAGE, KOLLAM DISTRICT-690526.

R1 BY PUBLIC PROSECUTOR SMT.MAYA R2 BY ADV. SRI.A.MUHAMMED RAFFI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

Crl.MC.No. 7083 of 2015 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES ----------------------------------------- ANNEXURE 1 THE COPY OF FIR WITH FIS IN CRIME NO 1363/2011 OF OACHIRA POLICE STATION ANNEXURE 2 THE COPY OF FINAL REPORT IN CRIME NO 1363/2011 OF OACHIRA POLICE STATION ANNEXURE 3 THE ORIGINAL OF AFFIDAVIT SWORN BY THE 2ND RESPONDENT REGARDING THE COMPROMISE RESPONDENT(S)' ANNEXURES -------------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

B. KEMAL PASHA, J.

................................................................ CRL.M.C. No.7083 of 2015 ............................................................... Dated this the 17th day of November, 2015

O R D E R

Petitioners are accused Nos.2 and 6 to 8 in C.C. No.141/2012 of the Judicial First Class Magistrate's Court, Karunagappally, which has arisen from Crime No.1363/2011 of the Oachira Police Station, registered for the offences punishable under Sections 143, 147, 341 and 323 read with Section 149 of the Indian Penal Code.

2.

The matter has been amicably settled between the petitioners and the defacto complainant, who is the second respondent herein. The defacto complainant has filed Annexure 3 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

CRL.M.C.No. 7083 of 2015 -: 2 :- against the petitioners. When the matter has been amicably settled, no purpose would be served in proceeding with the matter further, and therefore, all further proceedings in C.C.No.141/2012 pending before the Judicial First Class Magistrate's Court, Karunagappally, as against the petitioners, based on Annexure 2 Final Report, can be quashed.

In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.141/2012 pending before the Judicial First Class Magistrate's Court, Karunagappally, as against the petitioners, based on Annexure 2 Final Report, are hereby quashed.

Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge