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Romish Rai a vs State of Kerala

Romish Rai a vs State of Kerala

Type Court Judgment Court Kerala Decided Aug 06, 2021
~3 min read
https://sooperkanoon.com/case/1653931

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Crl.MC/3126/2021

Parties & Advocates

Appellant / Petitioner

Romish Rai a

Respondent

State of Kerala

Excerpt

.....the sole accused in crime no.316/2019 of kunnamangalam police station for having allegedly committed the offences punishable under sections 279 and 338 of the i.p.c. and under section 158(i) read with section 196 of the motor vehicles act.2. the de facto complainant/injured is the 2ndrespondent herein. the final report has been filed and the matter is now pending before the judicial first class magistrate court, kunnamangalam as s.t.no.741/2019.3. the petitioner states that the matter has beenamicably settled with the de facto complainant and that the entire proceedings against him may be quashed. the 2 nd respondent has also appeared through a counsel and filed an affidavit stating that she has no grievance against the petitioner as the matter has been settled and that she has no objection in quashing the proceedings against him.4. the learned public prosecutor has also receivedinstructions regarding the genuineness of the settlement. the petitioner does not have any criminal antecedents. there is no public interest involved. resultantly, the crl.m.c. is allowed and the entire proceedings as against the petitioner in crime no.316/2019 of kunnamangalam police station, presently pending as s.t.no.741/2019 on the files of the judicial first class magistrate court, kunnamangalam, shall stand quashed under section 482 of cr.p.c. and the petitioner is discharged and set at liberty. ashok menon judge dkr the words “kunnamangalam police station” occurring inthe 2nd line of 1st paragraph and in the 3rd line of the last paragraph of the final order dated 06.08.2021 in crl.m.c.no.3126/2021 is substituted as “medical college police station”, as per order dated 14.09.2021 in crl.m.a.no. deputy registrar. appendix of crl.mc 3126/2021 petitioner annexure annexure a1 certified copy of the said fir dated 5.4.19 in cr. no. 316/19 of kunnamangalam police station, calicut. annexure a2 certified copy of the charge sheet dated 17.05.19 in s.t. no. 741/2019 of the judicial.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 6TH DAY OF AUGUST 2021 / 15TH SRAVANA, 1943 CRL.MC NO. 3126 OF 2021 AGAINST THE ORDER/JUDGMENT IN ST 741/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,KUNNAMANGALAM, KOZHIKODE PETITIONER/S: ROMISH RAI A., AGED 23 YEARS S/O. AHMED AZAD, KOLLARIKKAL PARAMB, MARAKKAR THODIKAYIL, ARAKINNAR P.O, KOZHIKODE DISTRICT-673 028. BY ADVS. P.DEEPA MOHAN V.P.MUHAMMED SUNEER RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2 ANASWARA K D/O. APPUTTY, KRISHNA, VELLIPARAMBA P.O, CALICUT -673 008. R1 BY SR.PP. SRI.T.R.RENJITH R2 BY ADV B.JAYABAL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.08.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ASHOK MENON, J.

Crl.M.C. No. 3126 of 2021 Dated this the 6th of August 2021

O R D E R

The petitioner is the sole accused in Crime No.316/2019 of Kunnamangalam Police Station for having allegedly committed the offences punishable under Sections 279 and 338 of the I.P.C. And under Section 158(i) read with Section 196 of the Motor Vehicles Act.

2. The de facto complainant/injured is the 2nd

respondent herein. The final report has been filed and the matter is now pending before the Judicial First Class Magistrate Court, Kunnamangalam as S.T.No.741/2019.

3. The petitioner states that the matter has been

amicably settled with the de facto complainant and that the entire proceedings against him may be quashed. The 2 nd respondent has also appeared through a Counsel and filed an affidavit stating that she has no grievance against the petitioner as the matter has been settled and that she has no objection in quashing the proceedings against him.

4. The learned Public Prosecutor has also received

instructions regarding the genuineness of the settlement. The petitioner does not have any criminal antecedents. There is no public interest involved. Resultantly, the Crl.M.C. is allowed and the entire proceedings as against the petitioner in Crime No.316/2019 of Kunnamangalam Police Station, presently pending as S.T.No.741/2019 on the files of the Judicial First Class Magistrate Court, Kunnamangalam, shall stand quashed under Section 482 of Cr.P.C. and the petitioner is discharged and set at liberty. ASHOK MENON JUDGE dkr The words “Kunnamangalam Police Station” occurring in

the 2nd line of 1st paragraph and in the 3rd line of the last paragraph of the final Order dated 06.08.2021 in Crl.M.C.

No.3126/2021 is substituted as “Medical College Police Station”, as per order dated 14.09.2021 in Crl.M.A.No. DEPUTY REGISTRAR. APPENDIX OF CRL.MC 3126/2021 PETITIONER ANNEXURE Annexure A1 CERTIFIED COPY OF THE SAID FIR DATED 5.4.19 IN CR. NO. 316/19 OF KUNNAMANGALAM POLICE STATION, CALICUT. Annexure A2 CERTIFIED COPY OF THE CHARGE SHEET DATED 17.05.19 IN S.T. NO. 741/2019 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMANGALAM, Annexure A3 CERTIFIED COPY OF THE MEMORANDUM OF EVIDENCE IN S.T. NO. 741/2019 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMANGALAM, Annexure A4 THE NOTARIZED COPY OF THE SETTLEMENT AGREEMENT DATED 28.6.2021 EXECUTED BETWEEN THE PARTIES INCLUDING THE PETITIONER AND THE 2ND RESPONDENT.

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