Kerala High Court

Crl.MC/8896/2019 of ROSHAN FRANCIS, Vs STATE OF KERALA, on 31 December 2019

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COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941 Crl.MC.No.8896 OF 2019(B) CRIME NO.1018/2019 OF Chavara Police Station , Kollam, Pending before the Judicial First Class Magistrate, Kollam PETITIONERS/ACCUSED

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941

Crl.MC.No.8896 OF 2019(B)

CRIME NO.1018/2019 OF Chavara Police Station , Kollam, Pendingbefore the Judicial First Class Magistrate, Kollam PETITIONERS/ACCUSED NO. 1 TO 4:

1ROSHAN FRANCIS,AGED 28 YEARS,S/O. FRANCIS.S., ANUVILLA, KARITHURA, NEEDAKARA, KOLLAM-691 582AGED 28 YEARS,S/O. FRANCIS.S., ANUVILLA, KARITHURA, NEEDAKARA, KOLLAM-691 582

2VAVACHAN,AGED 28 YEARS,S/O. KAREEM, ANUVILLA, KARITHURA, NEEDAKARA, KOLLAM-691 582AGED 28 YEARS,S/O. KAREEM, ANUVILLA, KARITHURA, NEEDAKARA, KOLLAM-691 582

3BAIJU PETER,AGED 36 YEARS,ANUVILLA, KARITHURA, NEEDAKARA, KOLLAM-691 582

4ROJIN FRANCIS,AGED 28 YEARS,S/O. FRANCIS.S., ANUVILLA, KARITHURA, NEEDAKARA, KOLLAM-691 582

BY ADV. SRI.M.R.SARIN

RESPONDENTS/STATE & DEFACTO COMPLAINANT:

1STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,KOCHI-6582 031

2JOHN, AGED 40 YEARS,S/O.JOSEPH, EDAPARAMBIL VEEDU, KARITHURA, CHAVARA, KOLLAM

PP AMJAD ALI

R2 BY ADV. N.RENJU

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON31.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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O R D E R

The petitioners stand arrayed as accused in Crime No.1018/2019 of Chavara Police Station,for offences punishable under Section 143, 147,323, 325, 149 of IPC.

2. The allegation of the prosecution isthat, on 14.09.2019 at 11.30 p.m., the accusedpersons assaulted the defacto complainant.Complaint was laid, crime was registered andinvestigation is progressing.

3. The Criminal M.C. is laid by the

petitioners, on a premise that pending the proceedings the petitioners have settled thedispute with the 2[nd] respondent, who is thedefactocomplainttosubstantiatethesettlement. They have relied on Annexure A2,affidavit sworn by the 2[nd] respondent.

4. The learned counsel for the petitioner

and the learned counsel for the 2[nd] respondentsubmitted that they have no objection in VPK

quashing the proceedings, in the light of thesettlement arrived by them. The learned PublicProsecutor on instructions submitted that, thedispute has now been settled and the statementof the defacto complainant has been recorded.Having considered these facts, I am satisfiedthat no purpose will be served by prosecutingthe petitioners herein. There is nothing onrecord to show that they have any criminalantecedents. Hence, I am inclined to allow theCriminal M.c.

Accordingly, the Criminal M.C. standsallowed, quashing all further proceedings asagainst the petitioners in Crime No.1018/2019 ofChavara Police Station, pending before theJudicial First Class Magistrate Court, Chavara.

Sd/-

SUNIL THOMASJUDGE

APPENDIX

PETITIONER'S/S EXHIBITS:ANNEXURE-A1CERTIFIED COPY OF F.I.R IN CRIME NO.1018/19OF CHAVARA POLICE STATION DATED 17.09.2019ANNEXURE-A2AFFIDAVIT SWORN BY THE 2ND RESPONDENT

RESPONDENT'S/S EXHIBITS: NIL

// TRUE COPY //

VPK

PA TO JUDGE

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