Joseph @ Appachan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 1ST DAY OF SEPTEMBER 2015/10TH BHADRA, 1937 Crl.MC.No. 7086 of 2014 --------------------------- LP 37/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NEDUMKANDOM. CRIME NO. 289/2008 OF NEDUMKANDAM POLICE STATION. .............

PETITIONER/ACCUSED:

----------------------------------- JOSEPH @ APPACHAN,S/O.OUSEPH, AGED 64, PUTTANANIKAL HOPUSE, CHEMBALAM KARA,PAMBADUM VILLAGE.

BY ADV. SRI.S.DILEEP (KALLAR) RESPONDENT(S)/DEFENDANT/COMPLAINANT/STATE:

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN -31.

2. GEORGE, AGED 58, S/O.KURIAKOSE, POONJAYIL HOUSE, CHEMBALAM, KALKOONTHAL, NEDUMKANDOM - 685 553.

R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE R2 BY ADV. SMT.SIJI BALAKRISHNAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

Crl.MC.No. 7086 of 2014 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :

------------------------------------------- ANNEXURE A1 :

THE TRUE COPY OF TREATMENT CERTIFICATE ISSUED FROM ARPANA HOSPITAL THOOKUPALAM DATED 4/8/2014.

ANNEXURE A2 :

THE TRUE COPY OF THE CHARGE SHEET IN CRIME NO.289/2008 OF NEDUMKANDOM POLICE.

ANNEXURE 3 :

THE TRUE COPY OF THE FIR & FIS IN CRIME NO.289/2008 OF NEDUMKANDAM POLICE STATION.

ANNEXURE 4 :

THE TRUE COPY OF FIS IN CRIME NO.289/2008 OF NEDUMKANDAM POLICE STATION DATED 29.8.2008.

RESPONDENTS' ANNEXURES:

NIL.

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

B.KEMAL PASHA, J.

................................................................ CRL. M.C. No.7086 of 2014 ............................................................... Dated this the 1st day of September, 2015

O R D E R

The petitioner has come up with a prayer to get Annexure A2 final report in Crime No.289/2010 of the Nedumkandom Police Station, Idukki District, quashed. 2.

The said crime was registered for the offence punishable under Section 324 IPC. Annexure A2 final report has also been filed in the matter for the offence punishable under Section 324 IPC. The incident had occurred on 29.08.2008, prior to the amendment of the Code of Criminal Procedure. At that point of time, the offence was compoundable. The parties have willingly settled the matter and a compromise has been entered into. The case is presently entered in the L.P. Register as LP No.37 of 2011 of

CRL.M.C.No. 7086 of 2014 -: 2 :- the Judicial First Class Magistrate's Court, Nedumkandom. When the matter has been settled between the parties, there is no point in continuing with the matter. Matters being so, Annexure A2 final report in Crime No.289 of 2008 of the Nedumkandom Police Station is only to be quashed. In the result, this Crl.M.C. is allowed and Annexure A2 final report in Crime No.289 of 2008 of the Nedumkandom Police Station is quashed.

Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge