Saji Thomas 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. 7542 of 2015 () --------------------------- CC. NO.440/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KAYAMKULAM. CRIME NO. 849/2012 OF VALLIKKUNNAM POLICE STATION, ALAPPUZHA. .....
PETITIONER/ACCUSED 1 TO 3:
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1. SAJI THOMAS, AGED 50 YEARS, S/O. K.V. THOMAS, SAJI VILLA, KANNAMKARA, KATTANAM, MAVELIKKARA, ALAPPUZHA.
2. RENNY JOHN, AGED 40 YEARS, S/O. THOMAS JOHN, KUTTIYIL THOMAS VILLA, EREZHA VADAKKUM MURI, KANNAMANGALAM, ALAPPUZHA.
3. REENA, AGED 32 YEARS, S/O. SAJI THOMAS, SAJI VILLA, KANNAMKARA, KATTANAM, MAVELIKKARA, ALAPPUZHA.
BY ADVS.SRI.R.SUNIL KUMAR, SMT.A.SALINI LAL.
RESPONDENT/COMPLAINANT/CW-1 & 5:
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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. YESUDAS, AGED 49 YEARS, S/O. K.K. MATHEW, ALUMOOTTIL VEETTIL, VETTIKKOD, KATTANAM, MAVELIKKARA, ALAPPUZHA, PIN- 688 504.
3. JIJO STEPHEN, S/O. YESUDAS, AGED 24 YEARS, ALUMOOTTIL VEETTIL, VETTIKKOD, KATTANAM, ALAPPUZHA, PIN- 688 001. R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE.
R2 & R3 BY ADV. SMT.T.M.BINITHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
Crl.MC.No. 7542 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 rs.
B. KEMAL PASHA, J.
................................................................ CRL.M.C. No.7542 of 2015 ............................................................... Dated this the 10th day of December, 2015
O R D E R
Petitioners are accused Nos.1 to 3 in C.C. No.440/2014 of the Judicial First Class Magistrate's Court-I, Kayamkulam, which has arisen from Crime No.849/2012 of the Vallikkunnam Police Station, Alappuzha, registered for the offences punishable under Sections 323, 324, 427, 506 (ii), 294(b) and 341 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
CRL.M.C.No. 7542 of 2015 -: 2 :- amicably settled between them and the petitioners and they 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.440/2014 of the Judicial First Class Magistrate's Court-I, Kayamkulam, which has arisen from Crime No.849/2012 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.440/2014 of the Judicial First Class Magistrate's Court-I, Kayamkulam, which has arisen from Crime No.849/2012 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