Kerala High Court
Crl.MC/4379/2021 of SONU Vs STATE OF KERALA on 31 December 2021
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 31ST DAY OF DECEMBER 2021 / 10TH POUSHA, 1943 CRL.MC NO. 4379 OF 2021 AGAINST THE ORDER/JUDGMENT IN CC 3515/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM PETITIONERS/ACCUSED :- 1 SONU AGED 28
IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 31[ST] DAY OF DECEMBER 2021 / 10TH POUSHA, 1943CRL.MC NO. 4379 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 3515/2017 OF JUDICIALMAGISTRATE OF FIRST CLASS -II, KOLLAM
PETITIONERS/ACCUSED :-
1SONUAGED 28 YEARS
S/O. SOMAN PILLAI, RESIDING AT KALAYIL PADINJATATHIL,KUTTIKKADA, KUTTIKADA P.O MAYYANAD VILLAGE, KOLLAM, PINCODE-691 020. (A1)
2SUBIN KUMARAGED 33 YEARSS/O. SOMAN PILLAI, RESIDING AT KALAYIL PANDINJATATHIL, KUTTIKKADA, KUTTIKADA P.O., MAYYANAD VILLAGE, KOLLAM, PINCODE-691 020 (A2).
3VISHAKH
AGED 29 YEARSS/O. ANILKUMAR, RESIDING AT ANILALAYAM VETTIL, KUTTIKKADA, KUTTIKADA P.O., MAYYANAD VILLAGE,KOLLAM, PIN CODE-691 020 (A3).
4AJITHAGED 28 YEARSS/O. GIRESHAN, RESIDING AT MUKKADAYIL VEEDU,MAYYANADU THEKKUMKARA CHERYIL, KUTTIKKADA,KUTTIKADA P.O., MAYYANAD VILLAGE, KOLLAM, PINCODE-691 020. (A4)
BY ADV B.DIPU SACH DEEV
RESPONDENTS :-
1STATE OF KERALAREPRESENTED BY THE PUBLIC PROSECUTOR, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PINCODE-682 031.
2THE SUB INSPECTOR OF POLICE,ERAVIPURAM POLICE STATION, KOLLAM CITY, KOLLAM, PINCODE-691 011.
3SANDHYA KUMARI.RAGED 34 YEARSAGED 34 YEARS
W/O. SURESHBABU, RESIDENT OF RESIDING AT THOOLIKA, KUTTIKKADA, KUTTIKADA P.O., MAYYANAD VILLAGE, KOLLAM, PINCODE-691 020.
BY ADV ARUN BABU SRI.ARAVIND, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSIONON 31.12.2021, THE COURT ON THE SAME DAY PASSED THEFOLLOWING:
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O R D E R
The petitioners are accused in Crime No.2078/2017
of Eravipuram Police Station, which is now pending asC.C.No.3515 of 2017 on the files of Judicial First ClassMagistrate-II, Kollam and the offences alleged against thepetitioners are under Sections 143, 147, 294(b), 341, 427, 354and 509 r/w Section 149 of the Indian Penal Code.
2. The allegation is that on 05.09.2017, the defactocomplainant returned from the venue after the accused got intotrouble during the onam celebrations, was stopped on the wayand outraged the modesty of the defacto complainant andthereby committed the aforesaid offences.
3. Heard the learned counsel for the petitioners, thelearned Public Prosecutor as well as the learned counsel forthe third respondent.
Heard the learned counsel for the petitioners, the
4. It is submitted by respective counsel that the petitioners and the third respondent have arrived at anamicable settlement and Annexure A2 is the affidavit filed. Theaffidavit, inter alia, states that all the disputes are settled andthat the pendency of criminal proceeding would cause hardshipto all the parties.
5. From the submission across the Bar and perusingthe criminal M.C. and the affidavit referred above, I am satisfiedthat there has been an amicable settlement and that there is novitiating circumstances in the respondent filing the affidavit. Nopurpose will be served by continuing the proceedings in theabove circumstances.
6. In view of the judgment of the Hon'ble SupremeCourt in Gian Singh v. State of Punjab and another [2012(10) SCC 303] and considering the facts and circumstances ofthe case and in exercise of power of this Court under Section482 of the Code of Criminal Procedure, I hereby quashAnnexure AI Final Report and all further proceedings in Crime No.2078/2017 of Eravipuram Police Station, which is nowpending as C.C.No.3515 of 2017 on the files of Judicial FirstClass Magistrate-II, Kollam against petitioners 1 to 4.
The Crl.MC is allowed as above.
- Sd/
MOHAMMED NIAS C.P.JUDGE
SMA
CRL.MC NO. 4379 OF 2021
APPENDIX
PETITIONER ANNEXURES :-
Annexure A1CERTIFIED COY OF THE CHARGE SHEET/FINALREPORT DATED IN C.C.NO.3515/2017 DATED ON7.11.2017.
Annexure A2
ORIGINAL AFFIDAVIT OF 3RD RESPONDENT DATED23.2.2021.
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