Midun Chandran v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 15TH DAY OF DECEMBER 2015/24TH AGRAHAYANA, 1937 Crl.MC.No. 7579 of 2015 ------------------------------------- S.C.NO.814/2013 OF THE PRINCIPAL SESSIONS COURT, PALAKKAD --------------------- PETITIONER(S)/ACCUSED :

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1. MIDUN CHANDREN, AGED 24 YEARS, S/O.RAMACHANDRAN, NARANGA PARAMBU HOUSE, PERINGOTTUKURUSSI, ALATHUR TALUK, PALAKKAD DISTRICT.

2. SATHEESH, AGED 40 YEARS, S/O.VELLAPPAN, KUNDUKKAD HOUSE, PERINGOTTUKURUSSI, ALATHUR TALUK, PALAKKAD DISTRICT.

3. RADHAKRISHNAN, AGED 37 YEARS, S/O.BALAN, KUNDUKKAD HOUSE, PERINGOTTUKURUSSI, ALATHUR TALUK, PALAKKAD DISTRICT.

4. SAJU, AGED 24 YEARS, S/O.VELAYUDHAN, KUNDUKKAD HOUSE, PERINGOTTUKURUSSI, ALATHUR TALUK, PALAKKAD DISTRICT.

BY ADV. SRI.P.K.MOHANAN(PALAKKAD) RESPONDENT(S)/STATE & COMPLAINANT :

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.

2. PRADEESH, AGED 22 YEARS, S/O.KRISHNAN, NARANGA PARAMBU HOUSE, PERINGOTTUKURUSSI, ALATHUR TALUK, PALAKKAD DISTRICT, PIN-678 574. R1 BY PUBLIC PROSECUTOR SMT.MAYA R2 BY ADV. SRI.M.DEVESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

Crl.MC.No. 7579 of 2015 ------------------------------------ APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE 1 :

TRUE COPY OF C.M.P NO.2591/2013 FILED BY THE 2ND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE-I, PALAKKAD DATED 29-04-2013. ANNEXURE 2 :

AFFIDAVIT OF 2ND RESPONDENT DATED 22-11-2015. RESPONDENT(S)' ANNEXURES :

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

Msd.

B. KEMAL PASHA, J.

................................................................ CRL.M.C. No. 7579 of 2015 ............................................................... Dated this the 15th day of December, 2015

O R D E R

Petitioners are accused Nos.2 to 5 in C.M.P.No.2591/2013 of the Judicial First Class Magistrate's Court-I, Palakkad, which is now pending before the Sessions Court, Palakkad as S.C.No.814/2013, alleging offence punishable under Sections 341, 323, 294(b), 143 and 147 read with Section 149 and Section 3(1)(x) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989.

2.

The case has been registered on the basis of a private complaint filed by the defacto complainant, who is the 2nd respondent herein, before the Judicial First Class Magistrate's Court-I, Palakkad. It seems that the matter has been amicably settled between the parties. The defacto

CRL.M.C.No. 7579 of 2015 -: 2 :- complainant has filed Annexure 2 affidavit affirming that the matter has been amicably settled between him and the petitioner and he has no complaints against the petitioner. 3.

No criminal antecedents have been reported against the petitioners. When the matter has been amicably settled between the parties, no purpose would be served in proceeding with the matter any further. Matters being so, Annexure-1 complaint and all further proceedings on it in S.C.No.814/2013 of the Principal Sessions Court, Palakkad, can be quashed.

In the result, this Crl.M.C. is allowed and Annexure-1 complaint and all further proceedings based on it in S.C.No.814/2013 of the Principal Sessions Court, Palakkad, are hereby quashed.

Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge