Yadulal E.S v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 30TH DAY OF NOVEMBER 2015/9TH AGRAHAYANA, 1937Q Crl.MC.No. 7262 of 2015 () --------------------------- C.C.NO.838/2014 OF JUDICIAL FIRST CLASS MAGISTRATE'S COURT-II, ALUVA CRIME NO. 161/2014 OF ELAMAKKARA POLICE STATION, ERNAKULAM PETITIONERS/ACCUSED 1 TO 3:

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1. YADULAL E.S., S/O.SUNILAL, AGED 23 YEARS, ETTUKATTIL HOUSE, ELAMAKKARA P.O., KOCHI - 682 026.

2. JESWIN JOSEPH, AGED 22 YEARS, S/O.HARILAL, KONAM KODATH HOUSE, VALLARPADAM P.O., KOCHI.

3. SARATH CHANDRAN, AGED 22 YEARS, S/O.CHANDRAN, VARIYATHUMALI HOUSE, ELAMAKKARA P.O., KOCHI - 682 026.

BY ADV. SRI.LAVARAJ M.G.

RESPONDENTS:

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

2. ANTONY M.D., AGED 34 YEARS, S/O.DEVASSY, MUKKUNGAL HOUSE, LRA 124, LAL SALAM ROAD, PONNURUNNI, VYTTILA P.O., KOCHI - 682 019.

R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE R2 BY ADV. SRI.E.V. GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 7262 of 2015 () --------------------------- APPENDIX PETITIONERS' ANNEXURES:

----------------------- ANNEXURE-A1: COPY OF THE FI STATEMENT IN CRIME NO.161/2014 OF ELAMAKKARA POLICE STATION.

ANNEXURE-A2: COPY OF THE FIR DATED 16.4.2014 IN CRIME NO.161/2014 OF ELAMAKKARA POLICE STATION.

ANNEXURE-A3: COPY OF THE CHARGE SHEET DATED 6.5.2014 SUBMITTED BY THE INVESTIGATING OFFICER IN CRIME NO.161/2014 OF ELAMAKKARA POLICE STATION.

RESPONDENTS' ANNEXURES:

----------------------- NIL // True Copy // P.A. To Judge

B.KEMAL PASHA, J.

====================== Crl.M.C. No. 7262 of 2015 ======================= Dated this the 30th day of November, 2015

O R D E R

Petitioners are accused in C.C. No.838 of 2014 of the Judicial First Class Magistrate's Court-II, Aluva, which has arisen from Crime No.161 of 2014 of the Elamakkara Police Station, registered for the offences punishable under Sections 452 and 427 of the Indian Penal Code read with Section 34 IPC. 2.

The matter has been amicably settled between the petitioners and the defacto complainant, who is the 2nd respondent herein. The defacto complainant has filed an 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 against the petitioners. When the matter has been amicably settled, no purpose would be served in proceeding with the matter further,

Crl.M.C. No.7262 of 2015 and therefore, all further proceedings in C.C. No.838 of 2014 pending before the Judicial First Class Magistrate's Court-II, Aluva, as against the petitioners, based on Annexure-A3 Final Report in Crime No.161 of 2014 of the Elamakkara Police Station, can be quashed.

In the result, this Crl.M.C. is allowed and all further proceedings in C.C. No.838 of 2014 pending before the Judicial First Class Magistrate's Court-II, Aluva, as against the petitioners, based on Annexure-A3 Final Report in Crime No.161 of 2014 of the Elamakkara Police Station, are hereby quashed. Sd/- B. KEMAL PASHA JUDGE // True Copy // P.A. To Judge