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High Court of KeralaCrl.MC/7523/2015allowed

Suresh v. State Of Kerala

2015-12-10Honourable Mr. Justice B.Kemal Pasha4 pages

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. 7523 of 2015 --------------------------------------- C.C.NO.2106/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-III, NEYYATTINKARA CRIME NO. 74/2015 OF MARAYAMUTTOM POLICE STATION, NEYYATTINKARA, THIRUVANANTHAPURAM ------------------------ PETITIONER(S)/ACCUSED NO.1 TO 3 :

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1. SURESH, AGED 20 YEARS, S/O.KUTTAPPAN, MANALUVILA LAKSHAM VEEDU COLONY, MANALUVILA, MARAYAMUTTOM P.O.

2. SATHEESH, AGED 28 YEARS, S/O.SUNDARAN, SATHEESH VILASAM, MANALUVILA, CHULLIYOOR, MARAYAMUTTOM.

3. VINIL KUMAR, AGED 27 YEARS, S/O.VIJAYAN, PUNNAKKODE THEKKEKARA VEEDU, MANALIVILA, MARAYAMUTTOM, NEYYATTINKARA.

BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY RESPONDENT(S)/STATE/INFORMANT :

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031, (CRIME NO.74/2015 OF MARAYAMUTTOM POLICE STATION, THIRUVANANTHAPURAM DISTRICT).

2. JOHN @ THANKARAJ , AGED 56 YEARS, S/O.CHELLAYYAN NADAR, J.S.VILLA, MANALUVILA, KANAKUNDAYAM, PERUMKDAVILA VILLAGE, MARAYAMUTTAM DESAM, MARAYAMUTTAM P.O., NEYYATTINKARA, THIRUVANANTHAPURAM-695 124.

R1 BY PUBLIC PROSECUTOR SMT.MAYA R2 BY ADV. SRI.VINOD KUMAR.C THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 7523 of 2015 ------------------------------------ APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE I :

CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.74/2015 OF MARAYAMUTTOM POLICE STATION, ANNEXURE II:

AFFIDAVIT DATED 12.11.2015 SWORN BY THE 2ND RESPONDENT.

RESPONDENT(S)' ANNEXURES :

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

Msd.

B.KEMAL PASHA, J.

====================== Crl.M.C. No.7523 of 2015 ======================= Dated this the 10th day of December, 2015

O R D E R

Petitioners are accused in C.C.No.2106 of 2015 of the Judicial First Class Magistrate's Court-III, Neyyattinkara, which has arisen from Crime No.74 of 2015 of the Marayamuttom Police Station, registered for the offences punishable under Sections 294(b), 323, 324, 341 and 379 read with Section 34 of the Indian Penal Code.

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 Annexure-II 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, and therefore, all further proceedings in C.C.No.2106 of 2015 pending before the Judicial First Class Magistrate's Court-III, Neyyattinkara, as against the petitioners, based on Annexure-I Final Report in Crime No.74 of 2015 of the Marayamuttom Police Station, can be quashed. In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.2106 of 2015 pending before the Judicial First Class Magistrate's Court-III, Neyyattinkara, as against the petitioners, based on Annexure-I Final Report in Crime No.74 of 2015 of the Marayamuttom Police Station, are hereby quashed.

Sd/- B.KEMAL PASHA JUDGE DSV/16/12/15 // true copy // P.A. to Judge.