Shibu.N.K. v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 3RD DAY OF SEPTEMBER 2015/12TH BHADRA, 1937 Crl.MC.No. 7043 of 2014 () --------------------------- AGAINST THE ORDER/JUDGMENT IN CC 1217/2014 of J.M.F.C.-II,HOSDRUG CRIME NO. 157/2008 OF CHITTARIKAL POLICE STATION , KASARGOD PETITIONER(S)/PETITIONER/ACCUSED:
--------------------------------------------------------- SHIBU.N.K. AGED 32 YEARS S/O.GOPALAN, RESIDING AT PRAPOYIL, P.O.CHITTARIKKAL HOSDURG TALUK, KASARAGOD DISTRICT.
BY ADVS.SRI.T.K.VIPINDAS SRI.K.V.SREE VINAYAKAN SRI.K.M.MUHAMMED HUSSAIN RESPONDENT(S)/RESPONDENTS/STATE:
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1. THE STATE OF KERALA RESPRESNETED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031 REPRESENTING STATION HOUSE OFFICER CHITTARIKAL POLICE STATION-671128.
2. RAMACHANDRAN K.S., AGED 50 YEARS S/O SANKARA PILLA, KUPPADAKKATH HOUSE RESIDING AT KONNAKKAD, MALOM VILLAGE, HOSDURG TALUK KASARAGOD DISTRICT-671121.
R2 BY ADV. SRI.A.L.GEORGE R BY PUBLIC PROSECUTOR SMT.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7043 of 2014 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE A1: TRUE COPY OF THE FIR IN CRIME NO.157/2008 OF CHITTARIKKAL POLICE STATION.
ANNEXURE A2: TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 3.11.2014.
ANNEXURE A3 TRUE COPY OF THE JUDGMENT IN CC.1310/2008 DTD 5.6.11 OF JFCMII, HOSDURG RESPONDENT(S)' EXHIBITS : NIL --------------------------------------- // True Copy // PA to Judge
B. KEMAL PASHA, J.
````````````````````````````````````````````````````````````` Crl.M.C. No.7043 of 2014 ````````````````````````````````````````````````````````````` Dated this the 3rd day of September, 2015
O R D E R
~ ~ ~ ~ ~ ~ Petitioner is the 3rd accused in Crime No.157/2008 of Chittarikkal Police Station which was registered for the offences punishable under Sections 143, 147, 148, 341 and 324 read with Section 149 IPC. Later, the case was charge sheeted and numbered as C.C.1310/2008 before the Judicial First Class Magistrate's Court-II, Hosdurg. The petitioner was absconding. The offences involved in C.C.1310/2008 were compounded by the de facto complainant and all the other accused, and consequently, they were acquitted. The case against the petitioner was refiled and entered in the LP Register as L.P.22/2012.
2.
The petitioner was abroad. On his coming to India, he was enlarged on bail and presently, the case is
Crl.M.C.7043/2014 : 2 :
pending as C.C.1217/2014 before the court below. The offences are compoundable. The offences have been compounded between the petitioner and the de facto complainant. An affidavit has been filed by the de facto complainant, who is the 2nd respondent herein. When the matter has been compounded, there is no meaning in proceeding with the matter further. Apart from that, all the other accused were acquitted. No fruitful purpose would be served in proceeding with the matter.
In the result, this Crl.M.C. is allowed and all further proceedings in C.C.1217/2014 of the Judicial First Class Magistrate's Court-II, Hosdurg are quashed.
Sd/- (B.KEMAL PASHA, JUDGE) aks/03/09 // True Copy // PA to Judge