Jayaprakash v. Francis

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 7TH DAY OF DECEMBER 2015/16TH AGRAHAYANA, 1937 --------------------------- CC 2542/2015 of JUDICIAL FIRST CLASS MAGISTRATE'S COURT-I, KOLLAM CRIME NO. 887/2010 OF KIZHAKKEKALLADA POLICE STATION, KOLLAM PETITIONERS/ACCUSED NOS.1 TO 5:

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1. JAYAPRAKASH, S/O.THOMAS, ST.MARY VILASAM (THAZHAHIL), PERUNGALAM, KOLLAM.

2. SAJEEV, S/O.SELSTIN, KALPADA KODYIL HOUSE, PERUNGALAM P.O., MANDROTHURUTH VILLAGE, KOLLAM.

3. ANJELOS @ RIJO, S/O.RAJAN, RIJO BHAVANAM, PERUNGALAM P.O., MANDROTHURUTH VILLAGE, KOLLAM.

4. ANIL @ CHACKO, S/O.XAVIER, THAZHATHIL HOUSE, PERUNGALAM P.O., MANDROTHURUTH VILLAGE, KOLLAM.

5. JOSE PRAKASH, S/O.STEPHEN, THAZHATHIL HOUSE, PERUNGALAM P.O. MANDROTHURUTH VILLAGE, KOLLAM.

BY ADV. SRI.GEORGE SEBASTIAN RESPONDENTS/DEFACTO COMPLAINANT AND STATE:

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1. FRANCIS, AGED 33 YEARS, S/O.XAVIER, FRANCIS BHAVANAM, PERUNGALAM, MANDROTHURUTH VILLAGE, PRESENTLY RESIDING AT THIRUHRIDAYAM HOUSE, KOTTOORMUKKU CHERRY, THEVALAKKARA VILLAGE, KOLLAM-691001.

2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

R1 BY ADVS. SRI.S.JAYAKUMAR (PANAMBIL) SRI.JOHNSON K.KURIEN R2 BY PUBLIC PROSECUTOR SMT. MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

APPENDIX PETITIONERS' ANNEXURES:

COPY OF THE FINAL REPORT IN CRIME 887/2010 OF KIZHAKKEKALLADA POLICE STATION.

COPY OF THE JUDGMENT DATED 26.10.2015 IN CC 410/2011 OF JFCM COURT-I, KOLLAM.

ORIGINAL NOTARIZED AFFIDAVIT SWORN TO BY THE 1ST RESPONDENT DATED 27.10.2015.

RESPONDENTS' ANNEXURES:

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

B.KEMAL PASHA, J.

====================== ======================= Dated this the 7th day of December, 2015

O R D E R

Petitioners are accused in C.C.No.2542 of 2015 of the Judicial First Class Magistrate's Court-I, Kollam, which has arisen from Crime No.887 of 2010 of the Kizhakkekallada Police Station, registered for the offences punishable under Sections 143, 147, 148, 341, 323 and 324 read with Section 149 of the Indian Penal Code.

2. After investigation, a Final Report was filed and the matter was taken cognizance of by the Judicial First Class Magistrate's Court-I, Kollam as C.C.No.410 of 2011. In the said case, all the accused, except the petitioners, faced trial and they

were acquitted by the learned Magistrate as per Annexure-B judgment. Consequently, the case against the petitioners is split up and re-filed as C.C.No.2542 of 2015.

3.

The matter has been amicably settled between the petitioners and the defacto complainant, who is the 1st respondent herein. The defacto complainant has filed Annexure -C affidavit affirming that the matter has been amicably settled between him and the petitioners and he has no complaints against the petitioners.

4.

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.2542 of 2015 pending before the Judicial First Class Magistrate's Court-I, Kollam, as against the petitioners, based on Annexure-A Final Report in Crime No.887 of 2010 of the Kizhakkekallada Police Station, can be quashed.

In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.2542 of 2015 pending before the Judicial First Class Magistrate's Court-I, Kollam, as against the petitioners, based on Annexure-A Final Report in Crime No.887 of 2010 of the Kizhakkekallada Police Station, are hereby quashed.

Sd/- B.KEMAL PASHA JUDGE // True Copy // P.A. To Judge