Alex Jose v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 12TH DAY OF JANUARY 2015/22ND POUSHA, 1936 --------------------------------- SC 306/2010 OF DISTRICT & SESSIONS COURT, PATHANAMTHITTA CRIME NO. 91/2004 OF THIRUVALLA POLICE STATION, PATHANAMTITTA ........
PETITIONER(S)/ACCUSED 1 TO 4:
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1. ALEX JOSE @ KOCHUMON, AGED 30 YEARS, S/O. JOSE VARGHESE, PUTHUVELIL HOUSE, KOTTATHODE, KUTTAPPUZHA.
2. SHANOJ, AGED 29 YEARS, S/O. SASI, NADUVILEPPARAMBIL HOUSE, THEEPPANY, THIRUVALLA.
3. SAJEEV K.R., AGED 30 YEARS, S/O. RAJU, ELANJIMOOTTIL THAZHCHAYIL HOUSE, KOTTATHODE, KUTTAPPUZHA.
4. JOBY ABRAHAM, AGED 29 YEARS, S/O. PUNNOOSE ABRAHAM, CHAKKACHERIL HOUSE, VENPALA MURY, KUTTOOR.
BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S)/STATE & CW1 TO 3:
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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. SUB INSPECTOR OF POLICE, THIRUVALLA - 689 101.
3. HARISH BABU, S/O. RAMANANDA PANICKER, THONDANVELIL THEKKETHIL HOUSE, THUKALASSERRY, THIRUVALLA - 689 101.
msv/ -2-
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4. V.S.MATHEW, S/O. SAMUEL, VENGANIKKUNNATHIL HOUSE, THOTTAPPUZHASSERRY VILLAGE, THIRUVALLA - 689 101.
5. BIGY, AGED 25 YEARS, D/O. V.S. MATHEW, VENGANIKKUNNATHIL HOUSE, THOTTAPPUZHASSERRY VILLAGE, THIRUVALLA - 689 101. R1 & R2 BY PUBLIC PROSECUTOR SRI.JIBU P. THOMAS R3 TO R5 BY ADV. SRI.ABHILASH GOPAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/
---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:
ANNEXURE A - CERTFIED COPY OF THE CHARGE SHEET IN S.C NO. 306/2010 ON THE FILE OF DISTRICT & SESSIONS COURT, PATHANAMTHITTA. ANNEXURE B - TRUE COPY OF THE AFFIDAVIT OF THE 3RD RESPONDENT. ANNEXURE C - TRUE COPY OF THE AFFIDAVIT OF THE 4TH RESPONDENT. ANNEXURE D - TRUE COPY OF THE AFFIDAVIT OF THE 5TH RESPONDENT. RESPONDENT(S)' ANNEXURES:
NIL //TRUE COPY// P.S.TO JUDGE Msv/
K.ABRAHAM MATHEW, J.
= = = = = = = = = = = = Crl.M.C.No.7296 of 2014.
= = = = = = = = = = = = Dated this the 12th day of January, 2015.
O R D E R The petitioners are accused Nos.1 to 4 in SC.No.306/2010 on the file of the Sessions Court, Pathanamthitta. They are alleged to have committed the offences under Sections 323, 324, 452, 506(ii), 384, 341, 427 and 34 IPC. It is submitted that the matter has been settled between them and the aggrieved persons and the proceedings in the criminal case may be quashed. 2.
Heard the learned counsel for the petitioners and of respondents 3 to 5 and the learned Public Prosecutor. 3.
Respondents 3 to 5 who are the defacto complainants have entered appearance through a counsel and filed an affidavit to the effect that the matter has been settled between the parties and the proceedings in the criminal case may be quashed. I have perused the final report in the case and the affidavit filed by the aggrieved persons. I am satisfied that no public interest is involved in
Crl.M.C.No.7296/2014.
the matter. So, the proceedings in the Sessions Case will be quashed.
4.
In the result, this application is allowed. The proceedings in SC.No.306/2010 on the file of the Sessions Court, Pathanamthitta are quashed. The material objects if any produced in the case will be disposed by the Sessions Court.
Sd/- K.ABRAHAM MATHEW, (Judge) Kvs/- ( true copy )