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High Court of KeralaCrl.MC/7221/2015allowed

Rajesh.T.R. v. State Of Kerala

2015-12-01Honourable Mr. Justice B.Kemal Pasha5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 1ST DAY OF DECEMBER 2015/10TH AGRAHAYANA, 1937 Crl.MC.No. 7221 of 2015 () --------------------------- CC.NO. 1401/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1, PATHANAMTHITTA CRIME NO. 1441/2014 OF PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA DISTRICT ------------ PETITIONERS/ACCUSED:

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1. RAJESH.T.R., S/O.RAJAN PILLAI, AGED 22 YEARS, THUTHIYIL VEEDU, MALAYALAPPUZHA, PATHANAMTHITTA.

2. AKHIL.P. PRASANNAN,S/O.PRASANNAN, AGED 21 YEARS, AKHIL BHAVAN, MALAYALAPPUZHA, PATHANAMTHITTA.

3. DHANESH, S/O.CHANDRASEKHARAN NAIR, AGED 22 YEARS, DHANESH BHAVAN, PATHANAPURAM.

4. NIDHIN, S/O.PURUSHOTHAMAN NAIR, AGED 22 YEARS, SOUPARNIKA, MALAYALAPPUZHA, PATHANAMTHITTA.

5. RAHUL RAJ, S/O.RAJASEKHARAN PILLAI, AGED 22 YEARS, POURNAMI, KODUMAN.

6. SUJITH, S/O.SASIDHARAN NAIR,AGED 21 YEARS, KARTHIKA, KODUNTHARA, PATHANAMTHITTA.

BY ADV. SRI.JAMES ABRAHAM (VILAYAKATTU) RESPONDENTS/COMPLAINANTS:

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

2/-

-2CRL.MC.NO.7221/2015

2. SHEBAN SALIM, S/O.SALIM,AGED 23 YEARS, PARAYIL HOUSE, RANNI, PATHANAMTHITTA-686 001.

R1 BY PUBLIC PROSECUTOR SMT. MAYA R2 BY ADV. SRI.P.BALAN (VYTTILA) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 7221 of 2015 () --------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

---------------------------------------------- ANNEX A1 TRUE COPY OF THE FIR NO.1441/2014 ANNEX-A2 A TRUE COPY OF THE FINAL REPORT IN CRIME NO.1441/14 ANNEX-A3 AFFIDAVIT DATED 13/7/2015 SWORN BY THE 2ND RESPONDENT. RESPONDENT(S)' ANNEXURES:

NIL ------------------------------------------------- /TRUE COPY/ P.S.TO JUDGE

B. KEMAL PASHA, J.

................................................................ CRL.M.C. No.7221 of 2015 ............................................................... Dated this the 1st day of December, 2015

O R D E R

Petitioners are accused in C.C. No.1401/2014 of the Judicial First Class Magistrate's Court-I, Pathanamthitta, which has arisen from Crime No.1441/2014 of the Pathanamthitta Police Station, registered for the offences punishable under Sections 143, 147, 323, 324 and 341 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. 7221 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.1401/2014 of the Judicial First Class Magistrate's Court-I, Pathanamthitta, which has arisen from Crime No.1441/2014 of the Pathanamthitta Police Station as against the petitioners, can be quashed.

In the result, this Crl.M.C. is allowed and all further proceedings in C.C. No.1401/2014 of the Judicial First Class Magistrate's Court-I, Pathanamthitta, which has arisen from Crime No.1441/2014 of the Pathanamthitta Police Station as against the petitioners, are hereby quashed. Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge