Paulraj @ Johny v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE B.KEMAL PASHA FRIDAY, THE 9TH DAY OF JANUARY 2015/19TH POUSHA, 1936 Crl.MC.No.6988 of 2014 --------------------------------- CC NO.1221/2013 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, NEDUMANGAD.

CRIME NO.179/2012 OF ARYANAD POLICE STATION, THIRUVANANDAPURAM DISTRICT.

....

PETITIONER/ACCUSED:

------------------------------------ PAULRAJ @ JOHNY,S/O.DHARMAMANI,AGED 40 YEARS, BATHEL HOUSE,MECHAKONAM,URIYAKODE, PERUMKULAM VILLAGE,THIRUVANANTHAPURAM.

BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS/STATE AND COMPLAINANT:

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

STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682031.

2.

SUB INSPECTOR OF POLICE, ARYANAD POLICE STATION, THIRUVANANTHAPURAM-695041.

3.

CRISLET,D/O.OMANA,AGED 37 YEARS, BATHEL HOUSE,MECHAKONAM,URIYAKODE, PERUMKULAM VLLAGE,THIRUVANANTHAPURAM-695043.

R1 & R2 BY PUBLIC PROSECUTOR SRI.JIBU P.THOMAS. R3 BY ADV.SRI.R.ARUN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

pk

Crl.MC.No.6988 of 2014 --------------------------------- APPENDIX PETITIONER'S ANNEXURES:

---------------------------------------- ANNEXURE-A1:TRUE COPY OF THE FINAL REPORT IN ANEXURE A1. ANNEXURE-A2:COPY OF THE AFFIDAVIT OF THE 3RD RESPONDENT. ANNEXURE-A3:TRUE COPY OF THE WOUND CERTIFICATE ISSUED FROM THE COMMUNITY HEALTH CENTRE,VELLANAD DATED 19.2.2012. RESPONDENT'S ANNEXURES:

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

B.KEMAL PASHA, J.

- - - - - - - - - - - - - - - - - - - -- - - - Crl.M.C.No.6988 of 2014 - - - - - - - - - - - - - - - - - - - -- - - - Dated this the 9th day of January 2015

ORDER

The accused in C.C. No.1221 of 2013 of the Judicial First Class Magistrate's Court -1, Nedumangad, which has arisen from Crime No.179 of 2012 of Aryanad Police Station registered for the offences punishable under Sections 323 and 324 of the Indian Penal Code, is the petitioner herein. He has approached this Court under Section 482 of Code of Criminal Procedure, to quash all the proceedings in the above said C.C., pending before the Judicial First Class Magistrate's Court-1, Nedumangad.

2. According to the petitioner, the matter has been amicably settled between the petitioner and the de-facto complainant, who is the third respondent herein, and at present, the third respondent has

Crl.M.C.6988 of 2014 no complaints against the petitioner.

3. The third respondent has filed an affidavit stating that the matter has been amicably settled between the petitioner and the defacto complainant and at present she has no complaints against the petitioner.

4. The third respondent has entered appearance through her counsel. The learned counsel for the third respondent also endorses the fact that the affidavit has been sworn in by the third respondent herself.

5. When the matter has been amicably settled between the parties, it is only just and proper in the interest of justice, to quash all further proceedings in C.C. No.1221 of 2013 of the Judicial First Class Magistrate's Court -1, Nedumangad, which has arisen from Crime No.179 of 2012 of Aryanad Police Station. In the result, this Crl.M.C. is allowed and all the

Crl.M.C.6988 of 2014 proceedings in C.C. No.1221 of 2013 of the Judicial First Class Magistrate's Court -1, Nedumangad, which has arisen from Crime No.179 of 2012 of Aryanad Police Station, are quashed. Sd/- B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge