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High Court of KeralaCrl.MC/7185/2015allowed

Joseph v. Rajesh

2015-11-23Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 23RD DAY OF NOVEMBER 2015/2ND AGRAHAYANA, 1937 Crl.MC.No. 7185 of 2015 () --------------------------- CC 2839/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT, TRIPUNITHURA CRIME NO. 741/2015 OF HILL PALACE POLICE STATION, TRIPUNITHURA PETITIONER/ACCUSED:

------------------- JOSEPH @ BINU, AGED 37 YEARS, S/O.JACOB, ANAMTHURUTHIL HOUSE, PISHARIKOVIL ROAD, EROOR.

BY ADVS.SRI.IEANS.C.CHAMAKKALA SRI.BINU B.SAMUEL RESPONDENTS:

------------

1. RAJESH K.A., AGED 33 YEARS, S/O.SIVAN, KURUNNOTH HOUSE, CHATHARI, TRIPUNITHURA 682 021.

2. SASHIRAJ NAIR, AGED 46 YEARS, S/O.KRISHNAN NAIR, PADMASREE HOUSE, EDAYAARAM, VECHOOR P.O, VAIKOM 686 144.

3. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.

R1 & R2 BY ADV. SRI.BIBIN KUMAR R3 BY PUBLIC PROSECUTOR SMT.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

DSV/24/11/15

Crl.MC.No. 7185 of 2015 () --------------------------- APPENDIX PETITIONER'S ANNEXURES:

----------------------- ANNEXURE A1. COPY OF THE SEARCH LIST.

ANNEXURE A2. COPY OF THE FIR IN CRIME NO.741/15 OF HILL PALACE POLICE STATION, TRIPUNITHURA.

ANNEXURE A3. COPY OF THE CHARGE SHEET IN CC 2839/15 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, TRIPUNITHURA.

ANNEXURE A4. COPY OF THE AFFIDAVIT OF THE IST RESPONDENT. ANNEXURE A5. COPY OF THE AFFIDAVIT OF THE 2ND RESPONDENT. RESPONDENTS' ANNEXURES:

----------------------- NIL // True Copy // P.A. To Judge DSV/24/11/15

B.KEMAL PASHA, J.

====================== Crl.M.C. No. 7185 of 2015 ======================= Dated this the 23rd day of November, 2015

O R D E R

Petitioner is the accused in C.C. No.2839 of 2015 of the Judicial First Class Magistrate's Court, Thripunithura, which has arisen from Crime No.741 of 2015 of the Hill Palace Police Station, registered for the offences punishable under Section 17 of the Kerala Money Lenders Act and Sections 3 and 4 of Prohibition of Charging Exorbitant Interest Act, 2003. 2.

The matter has been amicably settled between the petitioner and respondents 1 and 2 herein. Respondents 1 and 2 herein have filed Annexure-A4 and Annexure-A5 affidavits affirming that the matter has been amicably settled between them and the petitioner and they have no complaints against the petitioner.

Crl.M.C. No.7185 of 2015 3.

No criminal antecedents have been reported against the petitioner. 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.2839 of 2015 pending before the Judicial First Class Magistrate's Court, Thripunithura, as against the petitioner, based on Annexure-A3 Final Report in Crime No.741 of 2015 of the Hill Palace Police Station, can be quashed.

In the result, this Crl.M.C. is allowed and all further proceedings in C.C. No.2839 of 2015 pending before the Judicial First Class Magistrate's Court, Thripunithura, as against the petitioner, based on Annexure-A3 Final Report in Crime No.741 of 2015 of the Hill Palace Police Station, are hereby quashed.

Sd/- B.KEMAL PASHA JUDGE DSV/23/11/15 // true copy // P.A. to Judge.