Arun Kumar @ Arun vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 09, 2020

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Citation: sooperkanoon.com/1777761
Court: Kerala High Court
Judge: Honourable Mr.Justice V.G.Arun
Decided On: Jul 09, 2020
Case Number: Crl.MC/2944/2020

Parties & Advocates

Appellant / Petitioner

Arun Kumar @ Arun

Respondent

State of Kerala

Excerpt

.....present: sr.pp. c.s.hrithwik this criminal misc. case having come up for admission on 09.07.2020, the court on the same day passed the following: crl.mc.no.2944 of 2020(g) ..2..orderdated this the 9th day of july 2020 the petitioners are the accused in crime no.1320/2020 of aranmula police station, registered for offences under section 341, 294(b), 323, 427 r/w 34 of the indian penal code.2. respondents 2 and 3 are the defactocomplainants. the learned counsel appearing for respondents 2 and 3 submits that the dispute, which led to filing of the complaint, has been resolved amicably and an affidavit to that effect has already filed.3. heard the learned public prosecutor also, who on instructions submits that the petitioners have no criminal antecedents. crl.mc.no.2944 of 2020(g) ..3..4. having considered the gravity of the offencesalleged, the nature of the wound inflicted and having perused the affidavit filed by respondents 2 and 3, the contents of which is submitted to be true and voluntary, i am satisfied that the matter has been amicably settled and that no public interest is involved in this matter. hence, there is no impediment in granting the relief sought. in the result, this crl.m.c. is allowed. the proceedings in crime no.1320/2020 of aranmula police station is quashed.sd/- v.g.arun sb/09/07/2020 judge crl.mc.no.2944 of 2020(g) ..4..appendix petitioner's/s exhibits: annexure i a certified copy of the first information report in crime no.1320/2020 of aranmula police station along with first information statement. annexure ii a true copy of the compromise dated and 2nd respondent. annexure iii the affidavit of the 2nd respondent annexure i f.i.r. dated 12/06/2020. annexure iv the affidavit of the 3rd respondent annexure i f.i.r. dated 17/06/2020. // true copy // p.a to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 09TH DAY OF JULY 2020 / 18TH ASHADHA, 1942 Crl.MC.No.2944 OF 2020(G) CRIME NO.1320/2020 OF Aranmula Police Station , Pathanamthitta PETITIONER/ACCUSED 1&2: 1 ARUN KUMAR @ ARUN, AGED 39 YEARS S/O.MOHANAN PILLAI, MELETHARAYIL, KADAMMANITTA P.O., 2 RIJIN MATHEW @ RIJIN, AGED 34 YEARS S/O.V.M.MATHAI, VENGAL HOUSE, KADAMMANITTA P.O., BY ADV. SRI.N.ASHOK KUMAR RESPONDENT/STATE /DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2 JIBU K.SAMUEL AGED 30 YEARS, S/O.SAMUEL K.G., KOTTARETH EDAPURAYIL, 3 JOBY K.SAMUEL AGED 35 YEARS, S/O.SAMUEL K.G., KOTTARETH EDAPURAYIL, R2-3 BY ADV. JEEMON P.ABRAHAM

OTHER PRESENT: SR.PP. C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No.2944 OF 2020(G) ..2..

ORDER

Dated this the 9th day of July 2020 The petitioners are the accused in Crime No.1320/2020 of Aranmula Police Station, registered for offences under Section 341, 294(b), 323, 427 r/w 34 of the Indian Penal Code.

2. Respondents 2 and 3 are the defacto

complainants. The learned counsel appearing for respondents 2 and 3 submits that the dispute, which led to filing of the complaint, has been resolved amicably and an affidavit to that effect has already filed.

3. Heard the learned Public Prosecutor also, who on instructions submits that the petitioners have no criminal antecedents. Crl.MC.No.2944 OF 2020(G) ..3..

4. Having considered the gravity of the offences

alleged, the nature of the wound inflicted and having perused the affidavit filed by respondents 2 and 3, the contents of which is submitted to be true and voluntary, I am satisfied that the matter has been amicably settled and that no public interest is involved in this matter. Hence, there is no impediment in granting the relief sought. In the result, this Crl.M.C. Is allowed. The proceedings in Crime No.1320/2020 of Aranmula Police Station is quashed.

Sd/- V.G.ARUN SB/09/07/2020 JUDGE Crl.MC.No.2944 OF 2020(G) ..4..

APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE I A CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.1320/2020 OF ARANMULA POLICE STATION ALONG WITH FIRST INFORMATION STATEMENT. ANNEXURE II A TRUE COPY OF THE COMPROMISE DATED AND 2ND RESPONDENT. ANNEXURE III THE AFFIDAVIT OF THE 2ND RESPONDENT ANNEXURE I F.I.R. DATED 12/06/2020. ANNEXURE IV THE AFFIDAVIT OF THE 3RD RESPONDENT ANNEXURE I F.I.R. DATED 17/06/2020. // true copy // P.A to Judge

Same Court & Year Kerala · 2020 Same Parties Arun Kumar @ Arun vs State of Kerala Same Judge Honourable Mr.Justice V.G.Arun