Akhil v. Rajeevan

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 3RD DAY OF DECEMBER 2015/12TH AGRAHAYANA, 1937 --------------------------- CC 258/2013 of JUDICIAL FIRST CLASS MAGISTRATE'S COURT, VADAKARA PETITIONERS/ACCUSED:

------------------- 1.

AKHIL, AGED 23 YEARS, S/O.KUNHIRAMAN, KARUVARI (H), PONMERIPARAMBIL, P.O.MANGALAT, KOZHIKKODE DISTRICT.

DILEEP, AGED 29, S/O.CHATHU, KARUVANKANDIYIL, PONMERIPARAMBIL, P.O.MANGALAT, KOZHIKKODE DISTRICT.

3.

VIJEESH, AGED 33, S/O.KRISHNAN, KARUVANKANDIYIL, PONMERIPARAMBIL, P.O.MANGALAT, KOZHIKKODE DISTRICT.

4.

NITHIN, S/O.BALAN, AGED 24, VARIKKODI THAZHE, PONMERIPARAMBIL, P.O.MANGALAT, KOZHIKKODE DISTRICT.

5.

ARJUN, AGED 21, S/O.KUNHIRAMAN, KARUVARI (H), PONMERIPARAMBIL, P.O.MANGALAT, KOZHIKKODE DISTRICT.

6.

SUBHEESH, AGED 27, S/O.KANNAN, POOVATH THAZHA KUNIYIL, PONMERIPARAMBIL, P.O.MANGALAT, KOZHIKKODE DISTRICT. 7.

PRITHVI RAJ, AGED 23, S/O.RAJAN, PARAVANTAVITA (H), PONMERIPARAMBIL, P.O.MANGALAT, KOZHIKKODE DISTRICT.

8.

RINEESH, AGED 20, S/O.CHATHU, KORAPPANDIYIL (H), PONMERIPARAMBIL, P.O.MANGALAT, KOZHIKKODE DISTRICT.

9.

VIPIN, AGED 23, S/O.NANU, CHERIYAVARIKKOLI, PONMERIPARAMBIL, P.O.MANGALAT, KOZHIKKODE DISTRICT.

10.

BABULESH, AGED 23, S/O.BALAN, KARUVANDITHAZHA KUNI (H), PONMERIPARAMBIL, P.O.MANGALAT, KOZHIKKODE DISTRICT.

BY ADV. SRI.MOHANAN V.T.K.

RESPONDENTS/DE FACTO COMPLAINANT & STATE:

----------------------------------------- 1.

RAJEEVAN, AGED 40, S/O.KANNAN, MALIKATH THOZHA, VALLIAD (P.O.), VADAKARA TALUK, KOZHIKKODE DISTRICT-673 035.

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

R1 BY ADV.SRI.K.M.RAMADAS R2 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

APPENDIX PETITIONERS' ANNEXURES:

COPY OF THE WOUND CERTIFICATE IN C.C.NO.258/2013 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, VATAKARA.

COPY OF THE CHARGE SHEET IN C.C.NO.258/2013 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE'S COURT, VATAKARA. AFFIDAVIT SWORN IN BY THE DEFACTO COMPLAINANT. RESPONDENTS' ANNEXURES:

NIL // True Copy // P.A. To Judge

B.KEMAL PASHA, J.

====================== Crl.M.C. No. 7576 of 2015 ======================= Dated this the 3rd day of December, 2015

O R D E R

Petitioners are accused in C.C. No.258 of 2013 of the Judicial First Class Magistrate's Court, Vatakara, which has arisen from Crime No.852 of 2012 of the Vatakara Police Station, registered for the offences punishable under Sections 143, 147, 148, 341, 323 and 324 of the Indian Penal Code read with Section 149 IPC.

The matter has been amicably settled between the petitioners and the defacto complainant, who is the 1st respondent herein. The defacto complainant has filed AnnexureC 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

Crl.M.C. No.7576 of 2015 purpose would be served in proceeding with the matter further, and therefore, all further proceedings in C.C. No.258 of 2013 of the Judicial First Class Magistrate's Court, Vatakara, as against the petitioners, based on Annexure-B Final Report in Crime No.852 of 2012 of the Vatakara Police Station, can be quashed. In the result, this Crl.M.C. is allowed and all further proceedings in C.C. No.258 of 2013 of the Judicial First Class Magistrate's Court, Vatakara, as against the petitioners, based on Annexure-B Final Report in Crime No.852 of 2012 of the Vatakara Police Station, are hereby quashed.

Sd/- B. KEMAL PASHA JUDGE // True Copy // P.A. To Judge