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High Court of KeralaCrl.MC/7532/2015allowed

Jijo Stephen @Jitjh 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. 7532 of 2015 ----------------------------------- CC 1064/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KAYAMKULAM CRIME NO. 700/2012 OF VALLIKUNNAM POLICE STATION, ALAPPUZHA .........

PETITIONER(S)/ACCUSED 1 & 2:

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1. JIJO STEPHEN, AGED 24 YEARS, S/O. YESUDAS, ALUMOOTTIL VEETTIL, VETTIKKOD, KATTANAM, ALAPPUZHA.

2. NITHIN @ KANNAN, AGED 23 YEARS, S/O. RADHA, CHAKKALAYIL VEEDU, KATTANAM, MAVELIKKARA, ALAPPUZHA.

BY ADV. SMT.T.M.BINITHA RESPONDENT(S)/COMPLAINANT/CW-1 & 2:

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

2. SAJI THOMAS, AGED 50 YEARS, S/O. K.V.THOMAS, SAJI VILLA, KANNAMKARA, KATTANAM, MAVELIKKARA, ALAPPUZHA.

3. REENA, AGED 32 YEARS, S/O. SAJI THOMAS, SAJI VILLA, KANNAMKARA, KATTANAM, MAVELIKKARA, ALAPPUZHA.

R2-R3 BY ADV. SRI.R.SUNIL KUMAR R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE 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. 7532 of 2015 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

ANNEXURE 1 : COPY OF THE FINAL REPORT.

ANNEXURE 2 : AFFIDAVIT FILED BY THE RESPONDENTS 2 & 3. RESPONDENT(S)' ANNEXURES:

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

B. KEMAL PASHA, J.

................................................................ CRL.M.C. No.7532 of 2015 ............................................................... Dated this the 10th day of December, 2015

O R D E R

Petitioners are accused Nos.1 and 2 in C.C. No.1064/2015 of the Judicial First Class Magistrate's CourtI, Kayamkulam, which has arisen from Crime No.700/2012 of the Vallikkunnam Police Station, Alappuzha, registered for the offences punishable under Sections 323, 324, 452 and 294(b) 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 second respondent herein and the other injured. The defacto complainant and the other injured have filed Annexure 2 affidavits affirming that the matter has been amicably settled between them and the petitioners and they

CRL.M.C.No. 7532 of 2015 -: 2 :- have 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.1064/2015 of the Judicial First Class Magistrate's Court-I, Kayamkulam, which has arisen from Crime No.700/2012 of the Vallikkunnam Police Station, Alappuzha as against the petitioners, can be quashed.

In the result, this Crl.M.C. is allowed and all further proceedings in C.C. No.1064/2015 of the Judicial First Class Magistrate's Court-I, Kayamkulam, which has arisen from Crime No.700/2012 of the Vallikkunnam Police Station, Alappuzha, as against the petitioners, are hereby quashed. Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge