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High Court of KeralaCrl.MC/7210/2015allowed

Prabhu v. V.A.Kareem

2015-11-24Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 24TH DAY OF NOVEMBER 2015/3RD AGRAHAYANA, 1937 Crl.MC.No. 7210 of 2015 () --------------------------- CC 2214/2015 of J.M.F.C.,CHITTUR CRIME NO. 1011/2015 OF KOLLENGODE POLICE STATION , PALAKKAD PETITIONER(S)/ACCUSED 1 AND 2:

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1. PRABHU, AGED 29 YEARS, S/O. PAZHANISWAMI GOUNDER, HOUSE NO.680, WARD NO. 10 ORKALAMKATTIL, MUTHALAMADA, CHITTOOR.

2. PAZHANISWAMI GOUNDER, AGED 60 YEARS, S/O. NANJAPPA GOUNDER, HOUSE NO. 680, WARD NO.10 ORKALAMKATTIL, MUTHALAMADA, CHITTOOR.

BY ADV. SRI.L.RAJESH NARAYAN RESPONDENT(S)/COMPLAINANT:

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1. V.A.KAREEM, AGED 65 YEARS, S/O. AHAMMED ALI, VALIYAPARAMBIL, ELOOKKARA ALUVA.

2. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE KOLLENGODE POLICE STATION, THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

R1 BY ADV. SMT.P.A.PRIYA R2 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 7210 of 2015 APPENDIX PETITIONER'S ANNEXURES :

A1 : COPY OF THE FIRST INFORMATION REPORT AND FIRST INFORMATION STATEMENT IN FIR NO.1011/2015 DATED 9.8.2015 OF KOLLENGODE POLICE STATION.

A2 : COPY OF THE FINAL REPORT IN CC NO.2214/2015 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHITTOOR DATED 21.9.2015.

A3 : COPY OF THE WOUND CERTIFICATE DATED 8.8.2015 A4 : COPY OF THE AGREEMENT DATED 7.11.2015.

A5 : COPY OF THE AFFIDAVIT DATED 8.11.2015.

RESPONDENTS' ANNEXURES :

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

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B. KEMAL PASHA, J.

................................................................ CRL.M.C. No. 7210 of 2015 ............................................................... Dated this the 24th day of November, 2015

O R D E R

Petitioners are the accused in C.C. No. 2214/2015 of the Judicial First Class Magistrate's Court, Chittoor, which has arisen from Crime No. 1011/2015 of the Kollengode Police Station, Palakkad, registered for the offences punishable under Sections 323 and 341 read with Section 34 IPC.

2.

A copy of the wound certificate of the defacto complainant, who is the 1st respondent herein is produced as Annexure- A3, which reveals that the injuries were trivial. The matter has been amicably settled between the petitioners and the defacto complainant. The defacto complainant has filed Annexure-A5 affidavit affirming that

CRL.M.C. No. 7210 of 2015 -: 2 :- 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 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. 2214/2015 of the Judicial First Class Magistrate's Court, Chittoor, as against the petitioners, based on Annexure - A2 Final Report, can be quashed.

In the result, this Crl.M.C. is allowed and all further proceedings in C.C. No. 2214/2015 of the Judicial First Class Magistrate's Court, Chittoor, as against the petitioners, based on Annexure - A2 Final Report, are hereby quashed. Sd/- B. KEMAL PASHA, JUDGE.

stu