Prasanth 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. 7533 of 2015 ------------------------------------ CC 432/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, NEDUMANGAD CRIME NO. 102/2012 OF ARUVIKKARA POLICE STATION, THIRUVANANTHAPURAM ........
PETITIONER(S)/ACCUSED:
-------------------------------------- PRASANTH, AGED 32 YEARS, S/O. GABRIEL, RESIDING AT PRASANTH BHAVAN, THINAVILA, KADAMPANADU MURI, ARUVIKKARA VILLAGE, THIRUVANANTHAPURAM.
BY ADV. SRI.AYYAPPAN SANKAR RESPONDENT(S)/STATE, INVESTIGATING OFFICER & DE-FACTO COMPLAINANT: -------------------------------------------------------------------------------------------------------------------
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. SUB INSPECTOR OF POLICE, ARUVIKKARA POLICE STATION, THIRUVANANTHAPURAM - 695 001.
3. GABRIEL, AGED 63 YEARS, S/O. LATE JOSEPH, RESIDING AT PRASANTH BHAVAN, THINAVILA, KADAMPANADU MURI, ARUVIKKARA VILLAGE, THIRUVANANTHAPURAM - 695 001.
R1 & R2 BY PUBLIC PROSECUTOR SMT.MAYA R3 BY ADV. SRI.LIJU. M.P.
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. 7533 of 2015 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:
A1 - CERTIFIED TRUE COPY OF FIR AND FIS IN CRIME NO. 102/2012 OF ARUVIKKAR POLICE STATION, THIRUVANANTHAPURAM.
A2 - CERTIFIED TRUE COPY OF FINAL REPORT IN CRIME NO. 102/2012 OF ARUVIKKARA POLICE STATION, THIRUVANANTHAPURAM. A3 - NOTARIZED AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT DT. 21.11.2015. RESPONDENT(S)' ANNEXURES:
NIL //TRUE COPY// P.S.TO JUDGE Msv/
B.KEMAL PASHA, J.
====================== Crl.M.C. No.7533 of 2015 ======================= Dated this the 10th day of December, 2015
O R D E R
Petitioner is the accused in C.C.No.432 of 2012 of the Judicial First Class Magistrate's Court-II, Nedumangad, which has arisen from Crime No.102 of 2012 of the Aruvikkara Police Station, Thiruvananthapuram, registered for the offences punishable under Sections 294(b) and 324 of the Indian Penal Code.
2. The matter has been amicably settled between the petitioner and the defacto complainant, who is the 3rd respondent herein. The defacto complainant has filed Annexure-A3 affidavit affirming that the matter has been amicably settled between him and the petitioner and he has no complaints against the petitioner.
Crl.M.C. No.7533 of 2015 3.
No criminal antecedents have been reported against the petitioner. 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.432 of 2012 pending before the Judicial First Class Magistrate's Court-II, Nedumangad, as against the petitioner, based on Annexure-A2 Final Report in Crime No.102 of 2012 of the Aruvikkara Police Station, Thiruvananthapuram, can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.432 of 2012 pending before the Judicial First Class Magistrate's Court-II, Nedumangad, as against the petitioner, based on Annexure-A2 Final Report in Crime No.102 of 2012 of the Aruvikkara Police Station, Thiruvananthapuram, are hereby quashed.
Sd/- B.KEMAL PASHA JUDGE DSV/11/12/15 // true copy // P.S. to Judge.