Sunil vs State of Kerala,

SUNIL vs State of Kerala,

Type Court Judgment Court Kerala Decided Apr 30, 2019

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https://sooperkanoon.com/case/1902328

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Citation: sooperkanoon.com/1902328
Court: Kerala High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: Apr 30, 2019
Case Number: Crl.MC/2799/2019

Parties & Advocates

Appellant / Petitioner

SUNIL

Respondent

State of Kerala,

Excerpt

.....son of jayachandran, sathya mandiram, parayil, edava, varkala-695311. by adv. smt.sindhu muraleedharan other present: sri remesh chand, sr. pp this criminal misc. case having come up for admission on 30.04.2019, the court on the same day passed the following: -2-o r d e rpetitioner is the sole accused in crime no.467/08 of varkkalapolice station, which has been taken cognizance as cc no.878/08 on the file of the court of judicial magistrate of the first class-i, varkkala for having allegedly committed an offence punishable under sections 341, 323, 324 and 326 of the indian penal code. it is submitted that the petitioner has settled the matter with the defacto complainant and hence, the entire proceedings in the criminal case may be quashed.2. the learned public prosecutor states that a statement ofthe defacto complainant has been received by the investigating officer and that the parties have settled the matter between themselves. the petitioner does not have any criminal antecedent. considering all these facts, this crl.mc is allowed. accordingly, the entire proceedings in crime no.467/08 of varkkala police station and cc no.878/08 on the file of the court of judicial magistrate of first class-i, varkkala would stand quashed under section 482 of the cr.pc. sd/- ashok menon judge jg -3- appendix petitioner's/s exhibits: annexure i true copy of the fir no.467 of 2008 of varkala police station, trivandrum. annexure ii true copy of the final report in c.c.no.878 of 2008 of jfmc, varkala. annexure iii affidavit of the 2nd respondent. //true copy//

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON TUESDAY, THE 30TH DAY OF APRIL 2019 / 10TH VAISAKHA, 1941 Crl.MC.No. 2799 of 2019 AGAINST THE ORDER/JUDGMENT IN CC 878/2008 of JUDICIAL MAGISTRATE OF FIRST CLASS ,VARKALA CRIME NO. 467/2008 OF Varkala Police Station , Thiruvananthapuram PETITIONER/ACCUSED: SUNIL SON OF KERALAN, SUJITH SADANAM, EDAVA, VARKALA. BY ADV. SMT.K.P.SANTHI RESPONDENTS/STATE AND COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2 JAYESH, SON OF JAYACHANDRAN, SATHYA MANDIRAM, PARAYIL, EDAVA, VARKALA-695311. BY ADV. SMT.SINDHU MURALEEDHARAN OTHER PRESENT: SRI REMESH CHAND, SR. PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -2-

O R D E R

Petitioner is the sole accused in Crime No.467/08 of Varkkala

Police Station, which has been taken cognizance as CC No.878/08 on the file of the Court of Judicial Magistrate of the First Class-I, Varkkala for having allegedly committed an offence punishable under Sections 341, 323, 324 and 326 of the Indian Penal Code. It is submitted that the petitioner has settled the matter with the defacto complainant and hence, the entire proceedings in the criminal case may be quashed.

2. The learned Public Prosecutor states that a statement of

the defacto complainant has been received by the Investigating Officer and that the parties have settled the matter between themselves. The petitioner does not have any criminal antecedent. Considering all these facts, this Crl.MC is allowed. Accordingly, the entire proceedings in Crime No.467/08 of Varkkala Police Station and CC No.878/08 on the file of the Court of Judicial Magistrate of First Class-I, Varkkala would stand quashed under Section 482 of the Cr.PC. Sd/- ASHOK MENON JUDGE jg -3- APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE I TRUE COPY OF THE FIR NO.467 OF 2008 OF VARKALA POLICE STATION, TRIVANDRUM. ANNEXURE II TRUE COPY OF THE FINAL REPORT IN C.C.NO.878 OF 2008 OF JFMC, VARKALA. ANNEXURE III AFFIDAVIT OF THE 2ND RESPONDENT. //TRUE COPY//

Same Court & Year Kerala · 2019 Same Parties SUNIL vs State of Kerala, Same Judge Honourable Mr. Justice Ashok Menon