Vineeth Daniel v. State Of Kerala

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. 7103 of 2015 () --------------------------- CC.NO. 77/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -III,TRIVANDRUM CRIME NO. 928/2010 OF CANTONMENT POLICE STATION , THIRUVANANTHAPURAM ------------------------ PETITIONER(S):

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1. VINEETH DANIEL, AGED 25 YEARS, S/O.ASHOK DANIEL, CHATHIODE LANE (CRA 137), PATHALIL, KINAPOOR WARD, NALANCHIRA, KUDAPPANAKUNNU VILLAGE, THIRUVANANTHAPURAM.

2. SHAJUDHEEN, AGED 36 YEARS, MYTHEEN KANNA, T.C 39/1038(2), CHATTAVILAYAM VEEDU, MANAKKAD VILLAGE, CHALA WARD, NEAR ATTAKULANGARA MOSQUE, THIRUVANANTHAPURAM. BY ADV. SMT.CHINCY GOPAKUMAR RESPONDENT(S):

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

2. ABDULLA, AGED 46 YEARS, S/O.MOITHEEN, MOIHIDEEN HOUSE, MUTTOM, MANGALPADY, SHIRIYA VILLAGE, KASARAGOD DISTRICT. R1 BY PUBLIC PROSECUTOR SMT. MAYA R2 BY ADV. SRI.K.AMAL NATH NAIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts

Crl.MC.No. 7103 of 2015 () ------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

--------------------------------------------- ANNEX-A1.

TRUE COPY OF THE FIR IN CRIME NO.928/2010 OF CANTONMENT POLICE STATION.

ANNEX-A2.

TRUE COPY OF THE FINAL REPORT OF CANTONMENT POLICE STATION FILED BEFORE JUDICIAL FIRST CLASS MAGISTRATE'S COURT-III, THIRUVANANTHAPURAM.

ANNEX-A3.

TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT BEFORE JUDICIAL FIRST CLASS MAGISTRATE'S COURT -III, THIRUVANANTHPAURAM.

RESPONDENT(S)' ANNEXURES:

NIL ------------------------------------------------ /TRUE COPY/ P.A.TO JUDGE sts

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` Crl.M.C. No.7103 of 2015 ````````````````````````````````````````````````````````````` Dated this the 17th day of November, 2015

O R D E R

~ ~ ~ ~ ~ ~ Petitioners are the accused in CC No.77/2011 of the Judicial First Class Magistrate's Court-III, Thiruvananthapuram, which has arisen from Crime No.928/2010 of Cantonment Police Station, Thiruvananthapuram for the offences punishable under Sections 143, 147, 451, 323 and 294(b) read with Section 149 IPC.

2.

It seems that the matter has been amicably settled between the petitioners and the de facto complainant, who is the 2nd respondent herein. 3.

The 2nd respondent has filed Annexure-A3 affidavit affirming that the matter has been amicably settled between him and the petitioners and presently, he has no

Crl.M.C.7103/2015 : 2 :

complaints against the petitioners. No criminal antecedents have been reported against the petitioners. No purpose would be served in proceeding with the matter further. Matters being so, all further proceedings against the petitioners in CC No.77/2011 of the Judicial First Class Magistrate's Court-III, Thiruvananthapuram, which has arisen from Crime No.928/2010 of Cantonment Police Station, Thiruvananthapuram, can be quashed.

In the result, this Crl.M.C. is allowed and all further proceedings against the petitioners in CC No.77/2011 of the Judicial First Class Magistrate's Court-III, Thiruvananthapuram, which has arisen from Crime No.928/2010 of Cantonment Police Station, Thiruvananthapuram, are quashed.

Sd/- (B.KEMAL PASHA, JUDGE) aks/17/11 // True Copy // PA to Judge