Rajeev v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 3RD DAY OF DECEMBER 2015/12TH AGRAHAYANA, 1937 Crl.MC.No. 7580 of 2015 CC 935/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, TRIVANDRUM CRIME NO. 606/2014 OF SREEKARIYAM POLICE STATION THIRUVANANTHAPURAM .................................................... PETITIONER/ACCUSED 1 TO 3:
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1. RAJEEV, AGED 36 YEARS S/O. RADHAKRISHNAN, SARASWATHY VILASOM, KALLAMPALLY EDAVAKODU.
2. MOHANAN, AGED 53 YEARS S/O. VELAYUDHAN, SUNITHA BHAVAN, KALLAMPALLY SREEKARIYAM, THIRUVANANTHAPURAM.
3. ANOOP, AGED 36 YEARS S/O. REGHUNATHAN, THRIKKETTA, KARIYAM SREEKARIYAM, THIRUVANANTHAPURAM.
BY ADVS.SRI.P.A.AHAMMED SRI.THOUFEEK AHAMED RESPONDENTS/STATE & DEFACTO COMPLAINANT:
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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. VRINDARANI SATHI BHAVAN, NJALIKONAM, THRIKKANNAPURAM.
R1 BY PUBLIC PROSECUTOR SMT. SHEEBA M.T.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7580 of 2015 ------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:- --------------------------------------------- ANNEXURE A :
CERTIFIED COPY OF FINAL REPORT DTD.10.11.14 IN CRIME NO.606/2014 OF SREEKARYAM POLICE STATION.
ANNEXURE B :
CERTIFIED COPY OF FIR IN CRIME NO.606/14 OF SREEKARYAM POLICE STATION, DTD.1.6.2014.
ANNEXURE C :
COPY OF PLAINT IN OS NO.117/2014 ON THE FILE OF THE PRINCIPAL SUB COURT, THIRUVANANTHAPURAM, DTD.11.6.2014 FILED BY THE 2ND RESPONDENT.
ANNEXURE D :
COPY OF AGREEMENT ENTERED INTO BETWEEN PETITIONERS AND 2ND RESPONDENT DTD. 5.11.2014. ANNEXURE E :
COPY OF COMPROMISE PETITION, IA NO.4120/14 IN OS NO.117/2014 ON THE FILE OF PRINCIPAL SUB COURT, THIRUVANANTHAPURAM, DTD.5.11.2014 FILED BY THE 1ST PETITIONER AND 2ND RESPONDENT.
RESPONDENT(S)' ANNEXURES:- NIL /TRUE COPY/ P.A. TO JUDGE DCS
P. UBAID, J.
Crl.M.C. No.7580 of 2015 Dated this the 03rd day of December, 2015
O R D E R
The petitioners herein who are the three accused in C.C. No. 935/2015 of the Judicial First Class Magistrate Court - I, Thiruvananthapuram seek orders quashing the prosecution on the ground of amicable settlement made out of court. What is practically reported is composition under the law. The offence under Section 420 of IPC is well compoundable under the law. The parties can very well approach the learned Magistrate and file a composition before the trial court. It is not known, why the parties have approached this Court under Section 482 of Criminal Procedure Code when the normal and practical course of composition is possible before the learned magistrate. With these observations, that the parties can very well approach the learned Magistrate for composition, this Crl. M.C. is closed.
P. UBAID, JUDGE DCS