Franklin vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 07, 2020

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https://sooperkanoon.com/case/1815586

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Citation: sooperkanoon.com/1815586
Court: Kerala High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: Jan 07, 2020
Case Number: Crl.MC/5827/2019

Parties & Advocates

Appellant / Petitioner

Franklin

Respondent

State of Kerala

Excerpt

.....come up for admission on 07.01.2020, the court on the same day passed the following:o r d e rdated this the 7th day of january 2020 the petitioner is the 2nd accused in crime no.145/2005 of poonthura police station, for havingallegedly committed the offences punishable under sections 323 and 324 read with section 34 of i.p.c. the defacto complainant-injured are respondents 3 and 4 herein, who have appeared through a counsel and have filed affidavits at annexures a2 and a3 stating that the matter has been amicably settled and they have no existing grievance, whatsoever, against thepetitioner. it is submitted by the petitioner that the co-accused were already acquitted in the parent case, ie., c.c.no.436/2005, but the judgment has notbeen produced. the case against the petitioner is now pending as l.p.no.31/2010 on the file of the judicial first class magistrate court-ii, thiruvananthapuram. in view of the fact that thedispute has been compounded and settled between the petitioner and the injured, nothing survives. a report has been filed by the investigating officer through the senior public prosecutor to that effect. the petitioner does not have any criminal antecedents and no public interest is involved.in the result, the crl.m.c. is allowed and the entire proceedings in crime no.145/2005 of poonthura police station, now pending against the petitioner as l.p.no.31/2010 on the file of the judicial first class magistrate court-ii, thiruvananthapuram, stands quashed under section 482 of cr.p.c. and the petitioner is discharged. sd/- dkr ashok menon judge appendix petitioner's/s exhibits:annexure a1 copy of the final report in crime no. annexure a2 copy of the affidavit of the 3rd annexure a3 copy of the affidavit of the 4th

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON TUESDAY, THE 07TH DAY OF JANUARY 2020 / 17TH POUSHA, 1941 Crl.MC.No.5827 OF 2019(G) AGAINST THE ORDER/JUDGMENT IN CC 436/2005 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, TRIVANDRUM CRIME NO.145/2005 OF Poonthura Police Station, Thiruvananthapuram PETITIONER/2ND ACCUSED: FRANKLIN, AGED 42 YEARS, S/O. CHARLS, T.C. 69/1960, JOSE HOUSE, POONTHURA, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS/STATE, COMPLAINANT & VICTIMS: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2 STATION HOUSE OFFICER, POONTHURA POLICE STATION, THIRUVANANTHAPURAM DISTRICT - 695 026. 3 MYTHEEN, AGED 42 YEARS, S/O. AHAMMED KANNU, 4 SAKEER, AGED 41 YEARS, S/O. AHAMMED KANNU, R1-R2 BY SRI. C.S.HRITHWIK, SR.PP R3-R4 BY ADV. R.ARUN OTHER PRESENT: THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R

Dated this the 7th day of January 2020 The petitioner is the 2nd accused in Crime No.145/2005 of Poonthura Police Station, for having

allegedly committed the offences punishable under Sections 323 and 324 read with Section 34 of I.P.C. The defacto complainant-injured are respondents 3 and 4 herein, who have appeared through a Counsel and have filed affidavits at Annexures A2 and A3 stating that the matter has been amicably settled and they have no existing grievance, whatsoever, against the

petitioner. It is submitted by the petitioner that the co-accused were already acquitted in the parent case, ie., C.C.No.436/2005, but the judgment has not

been produced.             The case against the petitioner is
now    pending       as   L.P.No.31/2010      on    the    file    of   the
Judicial           First        Class       Magistrate        Court-II,
Thiruvananthapuram.             In view of the fact that the

dispute has been compounded and settled between the petitioner and the injured, nothing survives. A report has been filed by the investigating officer through the Senior Public Prosecutor to that effect. The petitioner does not have any criminal antecedents and no public interest is involved.

In the result, the Crl.M.C. is allowed and the entire proceedings in Crime No.145/2005 of Poonthura Police Station, now pending against the petitioner as L.P.No.31/2010 on the file of the Judicial First Class Magistrate Court-II, Thiruvananthapuram, stands quashed under Section 482 of Cr.P.C. and the petitioner is discharged. Sd/- dkr ASHOK MENON JUDGE APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1               COPY OF THE FINAL REPORT IN CRIME        NO.
ANNEXURE A2               COPY   OF   THE   AFFIDAVIT   OF   THE   3RD
ANNEXURE A3               COPY   OF   THE   AFFIDAVIT   OF   THE   4TH

Same Court & Year Kerala · 2020 Same Parties Franklin vs State of Kerala Same Judge Honourable Mr. Justice Ashok Menon