Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE 18TH DAY OF JULY 2013 27TH ASHADHA, 1935 Crl.MC.No. 2698 of 2013 () --------------------------- CC 1080/2012 of J.M.F.C.-II, KANNUR CRIME NO. 396/2010 OF VALAPPATANAM POLICE STATION , KANNUR ------- PETITIONER/3RD ACCUSED: ----------------------- RIJU, AGED 2 YEARS, S/O.SANKAR RAM, RANI NILAYAM, KOLACHERY PALLIPARAMBUMUKKU, KANNUR DISTRICT. BY ADVS.SRI.K.RAJESH SUKUMARAN SRI.R.SREEHARI RESPONDENTS/COMPLAINANTS: ------------------------ 1. K. CHANDRAMATHI W/O.BHASKARAN, KOOMMAL HOUSE, NEAR KARUMARATH ILLAM, KOLACHERY POST, PALLIPARAMBA, KANNUR DISTRICT PIN-670 601.
2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA THROUGH THE STATION HOUSE OFFICER VALAPATTANAM POLICE STATION, KANNUR 67 010. R1 BY ADV. SRI.ANOOP.V.NAIR R2 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18-07-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK Crl.MC.No. 2698 of 2013 () --------------------------- APPENDIX --------- PETITIONER(S)' EXHIBITS ------------------------ ANNEXURE A1- CERTIFIED COPY OF FIR IN CRIME NO.396/2010 OF VALAPATTANAM POLICE STATION. ANNEXURE A2- CERTIFIED COPY OF FIRST INFORMATION STATEMENT OF THE IST RESPONDENT-DEFACTO COMPLAINANT. ANNEXURE A3- CERTIFIED COPY OF FINAL REPORT IN CRIME NO.396/2010 FILED BEFORE THE JFCM-II, KANNUR. ANNEXURE A4- CERTIFIED COPY OF JUDGMENT IN CC 384/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT II, KANNUR DATED 23 11.2012. ANNEXURE A5- PHOTO COPY OF ACCIDENT REGISTER-CUM-WOUND CERTIFICATE IN RESPECT OF THE INJURY SUSTAINED TO THE IST RESPONDENT. RESPONDENT(S)' EXHIBITS : NIL ------------------------ / TRUE COPY / P.A. TO JUDGE VK P.BHAVADASAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 2698 of 2013 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of July, 2013 ORDER
This is a petition filed under Section 482 of Cr.P.C. seeking to have all further proceedings in C.C. No. 1080/2012 pending before the JFCM-II, Kannur which arouse out of Crime No. 396/2010 of Valapattinam Police Station quashed.
2. The petitioner is the 3rd accused in the said crime. Accused Nos. 1, 2 and 4 have stood trial and have been acquitted on the basis of the evidence adduced in the case. The case as against the petitioner was split up and it was renumbered subsequently as C.C.No.1080/2012. The petitioner in this petition has impleaded the defacto complainant who has entered appearance and filed an affidavit to the effect that she has no grievance as against the petitioner and the dispute between the parties has been settled out of court. She does not wish to continue with the proceedings. Crl.M.C. No. 2698 of 2013 -2- 3. In the light of the affidavit filed by the defacto complainant pointing out that she does not intend to continue with the proceedings and she wants to give a quietus to the issue and since the issue involved is purely personal and no public or social issues as such are involved, there is no reason as to why this petition should be rejected.
4. Though the offences are not be compoundable, since the defacto complainant does not wish to prosecute the matter further and also the accused have been already acquitted, it is felt that it is only fit and proper for this Court to grant relief to the petitioner. The petition is allowed. All further proceedings in C.C. No. 1080/2012 pending before the JFCM-II, Kannur which arouse out of Crime No. 396/2010 of Valapattinam Police Station shall stand quashed including the final report. The petitioner shall stand discharged. P.BHAVADASAN JUDGE ds