Manu Mohan v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 6TH DAY OF JANUARY 2015/16TH POUSHA, 19361 Crl.MC.No. 7246 of 2014 () --------------------------- CC. NO.806/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ATTINGAL. ......
PETITIONERS/A1 & A2:
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1. MANU MOHAN, AGED 29 YEARS, S/O.MADHU MOHAN, MANU BHAVAN, MALAYILKONAM, PLAMOODU, AYIROOPPARA VILLAGE, THIRUVANANTHAPURAM.
2. SUBIN SUGATHAN, AGED 23 YEARS, S/O.SUGATHAN, RADHIKA BHAVAN, POIKAVILA ROAD, TOWN WARD, POTHENCODE, ANDOORKONAM VILLAGE, THIRUVANANTHAPURAM.
BY ADV. SRI.SHAJIN S.HAMEED.
RESPONDENTS/STATE & CW1:
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1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, POTHENCODE POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. SURJITH, AGED 29 YEARS, S/O.VIMAL KUMAR, KONATHU VEEDU, NEAR YMA READING CENTRE, KATTAIKONAM, AYIROOPPARA VILLAGE, THIRUVANANTHAPURAM, PIN-695 310.
R1 BY PUBLIC PROSECUTOR SMT.S. HYMA.
R2 BY ADV. SRI.A.K.RAJESH.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
Crl.MC.No. 7246 of 2014 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE AFREE COPY OF THE FINAL REPORT IN CRIME NO.576/2011 OF POTHENCODE POLICE STATION.
ANNEXURE BAFFIDAVIT OF THE 2ND RESPONDENT/CW1 STATING SETTLEMENT OF DISPUTE.
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY// P.S. TO JUDGE rs.
P.UBAID, J.
- - - - - - - - - - - - - - - - - - - - - Crl..M.C.No. 7246 OF 2014 - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of January, 2015
O R D E R
The petitioners herein are the two accused in C.C. No.806/2011 of the Judicial 1st Class Magistrate Court-I, Attingal. Crime in the said case was registered under Sections 294 (b), 341,323 read with Section 34 of IPC. on the complaint of one Surijith. The petitioners now seek orders quashing the prosecution on the ground that they and Surijith have come to terms amicably out of Court. Of course the offences under Sections 341 & 323 IPC are compoundable. But the petitioners seek orders under section 482 of the Code of Criminal Procedure, because the offence under Section 294(b) IPC is non compoundable. The parties have comes to terms amicably. The de facto complainant Surjith is the second respondent herein. He has filed affidavit to the effect that he has no grievance or complaint. In such a situation, the prosecution can be quashed.
Crl.M.C. No.7246 of 2014 : 2 :
In the result, the petition is allowed. The prosecution against the petitioner in C.C. No.806/2011 before the Judicial 1st Class Magistrate Court I, Attingal, will stand quashed under Section 482 Crl.P.C.
Sd/- P.UBAID, Judge.
dpk /True copy/ PS to Judge.