Deepu, vs Kishore,

DEEPU, vs Kishore,

Type Court Judgment Court Kerala Decided Jan 08, 2021

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https://sooperkanoon.com/case/1725202

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Citation: sooperkanoon.com/1725202
Court: Kerala High Court
Judge: Honourable Mr. Justice P.Somarajan
Decided On: Jan 08, 2021
Case Number: Crl.MC/8774/2019

Parties & Advocates

Appellant / Petitioner

DEEPU,

Respondent

Kishore,

Excerpt

.....malackal, kilimanoor 7 ratheesh, aged 32 years, s/o.raveendran, ratheesh bhavan, malackal, kilimanoor 8 abhilash, aged 34 years s/o.muraleedharan, archana bhavan, madavur village, by adv. sri.t.kabil chandrancrl.mc.no.8774 of 2019(f) 2 respondent/defactp complainant & state:1 kishore, aged 25 years s/o.gireeshkumar, kishore bhavan, malakkal, 2 nidheesh, aged 27 years s/o.thulaseedharan, chanda vila house, malakkal, 3 amal mohan, aged 21 years s/o.mohanan, am nivas, malakkal, kilimanoor village, trivandrum- 695601. 4 nikhil,aged 24 years s/o.sugunan, akhil nivas, puliyarakonam, madavur village, trivandrum- 695573. 5 libin raj, aged 28 years s/o.somarajan, lenin house, malakkal, kilimanoor village, trivandrum-695601. 6 state of kerala, represented by public prosecutor, high court of kerala, pin- 682031. r1-5 by adv. sri.lenin p. sukumaranpublic prosecutor sri.k.b.udayakumar this criminal misc. case having been finally heard on 08.01.2021, the court on the same day passed the following: crl.mc.no.8774 of 2019(f) 3orderthe offences alleged are under sections 143,147,148,452,294(b),341,323,324,427 r/w 149 of ipc. the matter is settled out of court. all the five injured including the defacto complainant filed their respective sworn statement admitting the settlement arrived at. as such, if it is proceeded further it will not serve any purpose. the entire proceedings are hereby quashed by allowing crl.m.c. the crl.m.c. is allowed accordingly.sd/- p.somarajan msp judge crl.mc.no.8774 of 2019(f) 4 appendix petitioner's/s exhibits: annexure a1 the true copy of the fir in crime no.1 of kilimanoor police station. annexure a2 true copy of charge sheet in ccc 302/2015 pending on the files of judicial first class magistrate court ii, attingal.annexure a3 affidavit filed by the 1st respondent. annexure a4 affidavit filed by the 2nd respondent. annexure a5 affidavit filed by the 3rd respondent. annexure a6 affidavit filed by the 4th.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942 Crl.MC.No.8774 OF 2019(F) AGAINST THE ORDER/JUDGMENT IN CC 302/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,ATTINGAL CRIME NO.1458/2014 OF KILIMANOOR POLICE STATION, THIRUVANANTHAPURAM PETITIONERS/ACCUSED NO.1 TO 8:
1 DEEPU, AGED 29 YEARS, S/O.SREERANGAN, DIVYA BHAVAN, MALACKAL, KILIMANOOR 2 ARJUN, AGED 26 YEARS S/O.RAMACHANDRAN, CHANDRODAYAM HOUSE, MALACKAL, KILIMANOOR VILLAGE, TRIVANDRUM. 3 ADARSH,AGED 33 YEARS S/O.ASHOKAN, MALACKAL, KILIMANOOR VILLAGE, 4 JAYADEVAN, AGED 33 YEARS S/O.GANGARAJAN, MALACKAL, RESIDING AT CHAVARUPACHA HOUSING COLONY, MALACKAL, KILIMANOOR VILLAGE, 5 VISHNU,AGED 27 YEARS, S/O.PADMARAJAN, KAVUVILA HOUSE, MALACKAL, KILIMANOOR 6 SURESH,AGED 37 YEARS, S/O.PUSHPARAJAN, PS BHAVAN, MALACKAL, KILIMANOOR 7 RATHEESH, AGED 32 YEARS, S/O.RAVEENDRAN, RATHEESH BHAVAN, MALACKAL, KILIMANOOR 8 ABHILASH, AGED 34 YEARS S/O.MURALEEDHARAN, ARCHANA BHAVAN, MADAVUR VILLAGE, BY ADV. SRI.T.KABIL CHANDRAN
Crl.MC.No.8774 OF 2019(F) 2 RESPONDENT/DEFACTP COMPLAINANT & STATE:
1 KISHORE, AGED 25 YEARS S/O.GIREESHKUMAR, KISHORE BHAVAN, MALAKKAL, 2 NIDHEESH, AGED 27 YEARS S/O.THULASEEDHARAN, CHANDA VILA HOUSE, MALAKKAL, 3 AMAL MOHAN, AGED 21 YEARS S/O.MOHANAN, AM NIVAS, MALAKKAL, KILIMANOOR VILLAGE, TRIVANDRUM- 695601. 4 NIKHIL,AGED 24 YEARS S/O.SUGUNAN, AKHIL NIVAS, PULIYARAKONAM, MADAVUR VILLAGE, TRIVANDRUM- 695573. 5 LIBIN RAJ, AGED 28 YEARS S/O.SOMARAJAN, LENIN HOUSE, MALAKKAL, KILIMANOOR VILLAGE, TRIVANDRUM-695601. 6 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN- 682031. R1-5 BY ADV. SRI.LENIN P. SUKUMARAN
PUBLIC PROSECUTOR SRI.K.B.UDAYAKUMAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No.8774 OF 2019(F) 3

ORDER

The offences alleged are under Sections 143,147,148,452,294(b),341,323,324,427 r/w 149 of IPC. The matter is settled out of court. All the five injured including the defacto complainant filed their respective sworn statement admitting the settlement arrived at. As such, if it is proceeded further it will not serve any purpose. The entire proceedings are hereby quashed by allowing Crl.M.C. The Crl.M.C. is allowed accordingly.

Sd/- P.SOMARAJAN msp JUDGE Crl.MC.No.8774 OF 2019(F) 4 APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A1 THE TRUE COPY OF THE FIR IN CRIME NO.1 OF KILIMANOOR POLICE STATION. ANNEXURE A2 TRUE COPY OF CHARGE SHEET IN CCC 302/2015 PENDING ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT II, ATTINGAL.

ANNEXURE A3          AFFIDAVIT FILED BY THE 1ST RESPONDENT.
ANNEXURE A4          AFFIDAVIT FILED BY THE 2ND RESPONDENT.
ANNEXURE A5          AFFIDAVIT FILED BY THE 3RD RESPONDENT.
ANNEXURE A6          AFFIDAVIT FILED BY THE 4TH RESPONDENT.
ANNEXURE A7          AFFIDAVIT FILED BY THE 5TH RESPONDENT.
ANNEXURE A8          THE TRUE COPY OF THE ORDER IN

CRL.M.C.NO.609 OF 2019 DATED 30.01.2019. //TRUE COPY// P.A. TO JUDGE

Same Court & Year Kerala · 2021 Same Parties DEEPU, vs Kishore, Same Judge Honourable Mr. Justice P.Somarajan