Vishnu @ Sreeni v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 22ND DAY OF DECEMBER 2015/1ST POUSHA, 1937 Crl.MC.No. 7640 of 2015 () --------------------------- SC 123/2015 of ADDL. SESSIONS COURT - III, MAVELIKKARA CRIME NO. 196/2014 OF VALLIKUNNAM POLICE STATION, ALAPPUZHA DISTRICT -------------- PETITIONERS/ACCUSED 1 TO 5 :

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1. SREENI @ VISHNU, AGED 25 YEARS, S/O. GOPI, GOPI SADANAM, KADUVINAL MURI, VALLIKKUNNAM, ALAPPUZHA.

2. AANADU, AGED 21 YEARS, S/O. RAJU, R.V. BHAVANAM, KADUVINAL MURI, VALLIKKUNNAM, ALAPPUZHA.

3. VISHNU, AGED 22 YEARS, S/O. SATHYAPALAN, PANAICKAL KIZHAKKETHIL VEEDU, KADUVINAL MURI, VALLIKKUNNAM, ALAPPUZHA.

4. SUMESH, AGED 24 YEARS, S/O. RAJU, KOICKALETHU VEEDU, PAVUMBA VADAKKUM MURI ALAPPUZHA.

BY ADVS.SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENTS/COMPLAINANT/CW -2 :

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

2. MUNAMMED NAJEEM, S/O. ISMAYIL KUTTY, KALEECKAYYATH VEETIL, KADUVINAL MURI, VALLIKKUNNAM, ALAPPUZHA.

R1 BY PUBLIC PROSECUTOR SMT. P. MAYA R2 BY ADV. SMT.T.M.BINITHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

Crl.MC.No. 7640 of 2015 () APPENDIX PETITIONER'S ANNEXURES :

ANNEXURE 1: COPY OF THE FINAL REPORT.

ANNEXURE 2: AFFIDAVIT FILED BY THE R2.

RESPONDENT'S ANNEXURES :

NIL.

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

B.KEMAL PASHA, J.

====================== Crl.M.C. No. 7640 of 2015 ======================= Dated this the 22nd day of December, 2015

O R D E R

The petitioners are the accused in Crime No.196/2014 of the Vallikkunnam Police Station, Alappuzha District, registered for the offences punishable under Sections 143, 147, 148, 149, 323, 324 and 308 IPC.

2. It seems that the matter has been amicably settled between the parties. The copy of the wound certificate of the defacto complainant, who is the 2nd respondent herein, is produced as Annexure-1, which reveals that the injuries were trivial.

3. On going through the matter, this Court is satisfied that there are no ingredients to invite an offence under Section 308 IPC in the matter. The 2nd respondent has filed Annexure - 2 affidavit, affirming that the matter has been amicably settled

Crl.M.C. No. 7640 of 2015 between him and the petitioners and he has no complaints 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 Final Report in Crime No.196/2014 of the Vallikkunnam Police Station, Alappuzha District, and all further proceedings in it as against the petitioners herein, can be quashed.

In the result, this Crl.M.C. is allowed and Annexure-1 Final Report in Crime No.196/2014 of the Vallikkunnam Police Station, Alappuzha District, and all further proceedings in it as against the petitioners herein, are hereby quashed.

SD/- B.KEMAL PASHA JUDGE stu [True copy] P.S. to Judge