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High Court of KeralaCrl.MC/7629/2015allowed

Arun @ Kuttu v. State Of Kerala

2015-12-18Honourable Mr. Justice B.Kemal Pasha5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 18TH DAY OF DECEMBER 2015/27TH AGRAHAYANA, 1937 Crl.MC.No. 7629 of 2015 () --------------------------- AGAINST THE ORDER/JUDGMENT IN CC 82/2011 of J.M.F.C.-II, KOLLAM CRIME NO. 1627/2010 OF KOLLAM EAST POLICE STATION , KOLLAM PETITIONER(S):

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1. ARUN @ KUTTU, AGED 24 YEARS S/O.CHANDRAN KUTTY, ARAKKAL KIZHAKKATHIL, NORTH OF POPULAR DRIVING SCHOOL GANDHI NAGAR-84, ASRAMAM CHERRY KOLLAM EAST VILLAGE KOLLAM DISTRICT

2. BINU, AGED 27 YEARS, S/O.UNNIKRISHNA PILLAI BINDU BHAVAN, NEAR NEW BRIDGE, KOTTEKKERA CHERRY, PARIPPALLY VILLAGE

3. BAIJU, AGED 24 YEARS S/O.BABU, SUNDARAN PATTATHIL VEEDU DESEEYA NAGAR 64, NEAR PUTHENNADA TEMPLE THEKKEVILA CHERRY, MUNDAKKAL VILLAGE

4. JYOTHISHLAL, S/O.KANAKALAL, AGED 24 YEARS KSHARA BHAVAN, NEAR PADANILAM TEMPLE VADAKKUMKARA WEST CHERRY MAYYANADU VILLAGE BY ADVS.SRI.PRATHEESH.P SMT.S.SEETHA RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE KOLLAM EAST POLICE STATION THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA

2. ARUN RAJ, AGED 24 YEARS S/O.RAJAN, ANITHA BHAVAN, CHAVARA VILLAGE, PUTHENCHANTHA CHERRY KOLLAM

Crl.MC.No. 7629 of 2015

3. UNNIKANNAN, AGED 27 YEARS, S/O.BABU, PUTHUVAL PUTHEN VEEDU NEAR SITHARA JUNCTION, ADICHANALLOOR VILLAGE MYLACADU CHERRY, KOLLAM R2,3 BY ADV. SRI.A.MUHAMMED RAFFI R BY PUBLIC PROSECUTOR SMT.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 7629 of 2015 APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE-1 TRUE COPY OF THE FIR WITH FIS IN CRIME NO.1627/2010 OF KOLLAM EAST POLICE STATION ANNEUXRE-2 TRUE COPY OF THE FINAL REPORT IN CRIME NO.1627/2010 OF KOLLAM EAST POLICE STATION ANNEUXRE-3 TRUE COPY OF THE AFFIDAVIT OF R2 REGARDING THE COMPROMISE DTD 27.11.15 ANNEUXRE-4 TRUE COPY OF THE AFFIDAVIT OF R3 REGARDING THE COMPROMISE DTD 27.11.15 // True Copy // PA to Judge

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` Crl.M.C. No.7629 of 2015 G ````````````````````````````````````````````````````````````` Dated this the 18th day of December, 2015

O R D E R

~ ~ ~ ~ ~ ~ Petitioners are the accused in CC No.82/2011 of the Judicial First Class Magistrate's Court-II, Kollam, which has arisen from Crime No.1627/2010 of Kollam East Police Station for the offences punishable under Sections 143, 147, 148, 341, 323 and 324 read with Section 149 IPC. 2.

It seems that the matter has been amicably settled between the petitioners and the de facto complainant, who is the 2nd respondent herein, and the other affected person, who is the 3rd respondent herein. 3.

Respondents 2 and 3 have filed Annexures-3 & 4 affidavits affirming that the matter has been amicably settled between them and the petitioners and presently, they have no complaints against the petitioners. No criminal

Crl.M.C.7629/2015 : 2 :

antecedents have been reported against the petitioners. The injuries sustained to the de facto complainant are trivial. No purpose would be served in proceeding with the matter further. Matters being so, all further proceedings against the petitioners in CC No.82/2011 of the Judicial First Class Magistrate's Court-II, Kollam, which has arisen from Crime No.1627/2010 of Kollam East Police Station, can be quashed.

In the result, this Crl.M.C. is allowed and all further proceedings against the petitioners in CC No.82/2011 of the Judicial First Class Magistrate's Court-II, Kollam, which has arisen from Crime No.1627/2010 of Kollam East Police Station, are quashed.

Sd/- (B.KEMAL PASHA, JUDGE) aks/18/12 // True Copy // PA to Judge