Sunil Kumar vs State of Kerala

Type Court Judgment Court Kerala Decided Dec 17, 2019

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Citation: sooperkanoon.com/1922316
Court: Kerala High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: Dec 17, 2019
Case Number: Crl.MC/3463/2019

Parties & Advocates

Appellant / Petitioner

Sunil Kumar

Respondent

State of Kerala

Excerpt

.....-695035. r2 by adv. a.k.rajesh other present: c.s.hrithwik-sr.g.p this criminal misc. case having come up for admission on 17.12.2019, the court on the same day passed the following:ashok menon, j.------------------------------------ crl.m.c.no.3463 of 2019 ------------------------------------- dated this the 17th day of december, 2019o r d e rpetitioners are accused 1 to 6 in cc no.1354/2017 on the files of the judicial first class magistrate’s court-xi, thiruvananthapuram for having allegedly committed offences punishable under sections 143, 147, 148, 341, 294 (b), 323 and 324 read with section 149 ipc.2. the only injured/defacto complainant is thesecond respondent herein. he has appeared through counsel and filed an affidavit to the effect that the matter has been amicably settled with the petitioners and that he does not have any grievance against them. a report to that effect has also been obtained from the investigating officer through the learned senior public prosecutor. there is no public interest involved and the dispute is settled with the petitioners. in the result, the criminal m.c. is allowed and the entire proceedings as against the petitioners herein in cc no.1354/2017 on the files of the judicial first class magistrate’s court-xi, thiruvananthapuram shall stand quashed under section 482 cr.pc and the petitioners/accused 1 to 6 are discharged. sd/- ashok menon judge jg appendix petitioner's/s exhibits: annexure a certified copy of the final report in crime no.1001/2011 of vanchiyoor police station annexure b affidavit executed by the 2nd respondent/cw1.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON TUESDAY, THE 17TH DAY OF DECEMBER 2019 / 26TH AGRAHAYANA, Crl.MC.No.3463 OF 2019(C) AGAINST THE ORDER/JUDGMENT IN CC 1354/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS-XI, THIRUVANANTHAPURAM CRIME NO.1001/2011 OF Vanchiyoor Police Station , Thiruvananthapuram PETITIONERS/ACCUSED 1 TO 6:

1 SUNIL KUMAR, AGED 29 YEARS S/O.SUDAKARAN NAIR, MURUKABHAVAN, T.C.36/525, NEAR THIRUPATHI MARBLES, DRAINAGE ROAD, PERUNTHANNI WARD, PETTA VILLAGE, THIRUVANANTHAPURAM DISTRICT.

2 PREMJITH AGED 28 YEARS S/O.RAMACHANDRAN, ARAMAM HOUSE, T.C.36/593, PERUNTHANNI WARD, PETTA VILLAGE, THIRUVANANTHAPURAM DISTRICT 3 SREEJITH AGED 29 YEARS S/O.CHANDRAN, ERUMALA HOUSE, T.C.36/767, PERUNTHANI WARD, PETTA VILLAGE, THIRUVANANTHAPURAM DISTRICT. 4 VINOD AGED 28 YEARS S/O.ANILKUMAR, VISHNU NIVAS, OPPOSITE PALLAVA RIVER, PERUNTHANNI WARD, PETTA VILLAGE, THIRUVANANTHAPURAM DISTRICT

5 SHAMBU AGED 27 YEARS S/O.KRISHNAN, SHIVA KRIPA, TLRA NO.24, T.C.29/204, THENGAPPURA LANE, PALAKULANGAR WARD, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. 6 RAJESH @ KOCHU RAJESH, AGED 27 YEARS S/O.RAVEENDRAN, T.C.27/572, PANDARAVILAKATHU HOUSE, V.V.ROAD, PATOOR, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENTS/STATE & CW1: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2 KANNAN, AGED 26 YEARS S/O.KUTTAN, KUZHIVILA HOUSE, NEAR UPPILAMOODU BRIDGE, SREEKANDESHWARAM WARD, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN CODE -695035. R2 BY ADV. A.K.RAJESH OTHER PRESENT: C.S.HRITHWIK-SR.G.P THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ASHOK MENON, J.

------------------------------------ Crl.M.C.No.3463 Of 2019 ------------------------------------- Dated this the 17th day of December, 2019

O R D E R

Petitioners are accused 1 to 6 in CC No.1354/2017 on the files of the Judicial First Class Magistrate’s Court-XI, Thiruvananthapuram for having allegedly committed offences punishable under Sections 143, 147, 148, 341, 294 (b), 323 and 324 read with Section 149 IPC.

2. The only injured/defacto complainant is the

second respondent herein. He has appeared through counsel and filed an affidavit to the effect that the matter has been amicably settled with the petitioners and that he does not have any grievance against them. A report to that effect has also been obtained from the investigating officer through the learned Senior Public Prosecutor. There is no public interest involved and the dispute is settled with the petitioners. In the result, the Criminal M.C. is allowed and the entire proceedings as against the petitioners herein in CC No.1354/2017 on the files of the Judicial First Class Magistrate’s Court-XI, Thiruvananthapuram shall stand quashed under Section 482 Cr.PC and the petitioners/accused 1 to 6 are discharged. Sd/- ASHOK MENON JUDGE jg APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1001/2011 OF VANCHIYOOR POLICE STATION ANNEXURE B AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT/CW1.

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