Smitha Vs. State of Kerala

Smitha vs State of Kerala

Type Court Judgment Court Kerala Decided Aug 27, 2013

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https://sooperkanoon.com/case/1022224

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Citation: sooperkanoon.com/1022224
Court: Kerala High Court
Judge: Honourable Mr.Justice P.Bhavadasan
Decided On: Aug 27, 2013
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Smitha

Respondent

State of Kerala

Excerpt

.....court, no.1, kannur. annex b. true copy of the affidavit dated 04 07.2013 of the 2nd respondent. respondent(s)' annexures: nil /true copy/ p.a.to.judge sts p.bhavadasan, j.--------------------------------------- crl.m.c. no.3630 of 201.--------------------------------------- dated this the 27th day of august, 2013. order the petitioners are being prosecuted for the offences punishable under sections 341 and 324 read with section 34 of indian penal code, cognizance of which has been taken by the judicial first class magistrate court-i, kannur as c.c.no.860/2012.2. it is unnecessary to go into the details of the case for the simple reason that the petitioners have chosen to implead the de facto complainant as 2nd respondent who has entered appearance and filed an affidavit stating that the parties have settled the differences between them and no issue remains to be resolved. it is also pointed out that the de facto complainant is not interested in continuing the proceedings and she wishes to put an end to the matter.3. in the light of the above submission of the de facto complainant in the form of an affidavit, it is felt that continuation crl.m.c. no.3630/2013 2 of the proceedings will be an exercise in futility. therefore, this crl.m.c is allowed and all further proceedings in c.c.no.860/2012 of the judicial first class magistrate court-i, kannur including the final report laid by the investigating officer shall stand quashed and the petitioners shall stand discharge. sd/- p.bhavadasan judge smp // true copy // p.a.to judge.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN TUESDAY, THE 27TH DAY OF AUGUST 2013 5TH BHADRA, 1935 Crl.MC.No. 3630 of 2013 () --------------------------- CC.NO. 860/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -I, KANNUR ----------------------------------------- PETITIONERS/ACCUSED:- ------------------------------------------- 1. SMITHA,W/O.RATHEESH,AGED 4 YEARS, "RESHMI", KISAN ROAD, CHALAD, KANNUR ”

014.

2. RADHA M., W/O.LATE KUMARAN, AGED 8 YEARS, MADAPURAKKAL HOUSE, SANTHI ROAD, PANNENPARA, CHALAD, KANNUR ”

014. BY ADV. SRI.P.K.RAVISANKAR RESPONDENTS/STATE AND DEFACTO COMPLAINANT:- ------------------------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

2. BIJUSHA PALLERI, D/O.LATE RAGHAVAN, AGED 3 YEARS, PALERI HOUSE, CHIRAKKAL, KANNUR DISTRICT ”

011. R1 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN R2 BY ADV. SRI.D.ANIL KUMAR SRI.V.GOPAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27-08-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts Crl.MC.No. 3630 of 2013 () --------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES: -------------------------------------------- ANNEX A. TRUE COPY OF THE FINAL REPORT ALONG WITH THE CHARGE SHEET FILED BY THE POLICE IN C.C.860 OF 201.ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NO.1, KANNUR. ANNEX B. TRUE COPY OF THE AFFIDAVIT DATED 04 07.2013 OF THE 2ND RESPONDENT. RESPONDENT(S)' ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts P.BHAVADASAN, J.

--------------------------------------- Crl.M.C. No.3630 OF 201.--------------------------------------- Dated this the 27th day of August, 2013.

ORDER

The petitioners are being prosecuted for the offences punishable under Sections 341 and 324 read with Section 34 of Indian Penal Code, cognizance of which has been taken by the Judicial First Class Magistrate Court-I, Kannur as C.C.No.860/2012.

2. It is unnecessary to go into the details of the case for the simple reason that the petitioners have chosen to implead the de facto complainant as 2nd respondent who has entered appearance and filed an affidavit stating that the parties have settled the differences between them and no issue remains to be resolved. It is also pointed out that the de facto complainant is not interested in continuing the proceedings and she wishes to put an end to the matter.

3. In the light of the above submission of the de facto complainant in the form of an affidavit, it is felt that continuation Crl.M.C. No.3630/2013 2 of the proceedings will be an exercise in futility. Therefore, this Crl.M.C is allowed and all further proceedings in C.C.No.860/2012 of the Judicial First Class Magistrate Court-I, Kannur including the final report laid by the investigating officer shall stand quashed and the petitioners shall stand discharge. Sd/- P.BHAVADASAN JUDGE smp // True Copy // P.A.to Judge.

Same Court & Year Kerala · 2013 Same Parties Smitha vs State of Kerala Same Subject Education Same Judge Honourable Mr.Justice P.Bhavadasan