Santhosh v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 10TH DAY OF DECEMBER 2015/19TH AGRAHAYANA, 1937 Crl.MC.No. 7451 of 2015 ----------------------------------- SC 517/2005 OF SUB COURT, NEDUMANGAD CRIME NO. 83/1995 OF VATTIYOORKAVU POLICE STATION, THIRUVANANTHAPURAM ..............

PETITIONER(S)/1ST ACCUSED:

-------------------------------------------- SANTHOSH, AGED 39, S/O.MURALEEDHARAN, SURESH BHAVAN, JOSEPH LINE, KACHANI P.O., KARAKULAM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.A.S.SHAMMY RAJ RESPONDENT(S):

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

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

2. JALAAL, S/O.MAITHEEN KANNU, PUNNAKKUZHI VEEDU, KACHANI, KARAKULAM P.O, THIRUVANANTHAPURAM - 695 564.

3. MOHANA KUMAR, KAPPIVILA VEEDU, NEAR KACHANI HIGH SCHOOL, KACHANI, KARAKULAM P.O., THIRUVANANTHAPURAM - 695 564. R1 BY PUBLIC PROSECUTOR SMT.MAYA R2 & R3 BY ADV. SRI.K.RAJESH KANNAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

Crl.MC.No. 7451 of 2015 ----------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

ANNEXURE 1. CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.83/95 OF VATTIYOORKAVU POLICE STATION.

ANNEXURE 2. CERTIFIED COPY OF THE JUDGMENT DATED 18.4.00 IN SC 246/98 ON THE FILE OF ASSISTANT SESSIONS COURT, NEDUMANGADU. ANNEXURE 3. AFFIDAVIT SWORN BY THE 2ND RESPONDENT. ANNEXURE 4. AFFIDAVIT SWORN BY THE 3RD RESPONDENT. ANNEXURE 5. COPY OF DEATH CERTIFICATE OF IST DEFACTO COMPLAINANT, SRI. ALIYARU KUNJU.

ANNEXURE 6. COPY OF DEATH CERTIFICATE OF 3RD DEFACTO COMPLAINANT, SRI. GOPINATHAN NAIR.

RESPONDENT(S)' ANNEXURES:

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

Msv/

B.KEMAL PASHA, J.

====================== Crl.M.C. No. 7451 of 2015 ======================= Dated this the 10th day of December, 2015

O R D E R

The petitioner is the 17th accused in Crime No.83/1995 of the Vattiyoorkavu Police Station, Thiruvananthapuram, registered for the offences punishable under Sections 143, 147, 148, 149, 451, 435, 427 and 337 IPC and Section 3 of Explosive Substance Act.

2. It seems that the matter has been amicably settled between the parties. Respondents 2 and 3 have filed separate affidavits as Annexure-3 and Annexure-4, affirming that the matter has been amicably settled between them and the petitioner and they have no complaints against the petitioner. When the matter has been amicably settled between the parties, no purpose would be served in proceeding with the matter any further. Matters being so, Annexure-1 Final Report in Crime No.83/1995 of the

Vattiyoorkavu Police Station, Thiruvananthapuram, and all further proceedings in it as against the petitioner, can be quashed.

In the result, this Crl.M.C. is allowed and Annexure-1 Final Report in Crime No.83/1995 of the Vattiyoorkavu Police Station, Thiruvananthapuram, and all further proceedings in it as against the petitioner, are hereby quashed. Sd/- B.KEMAL PASHA stu/11.12.2015.

JUDGE // true copy // P.S. to Judge.