IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
CRL.MC NO. 6395 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 2010/2016 OF JUDICIAL MAGISTRATE OF FIRST
CLASS,NEYYATTINKARA (TEMPORARY)
PETITIONER/3RD ACCUSED:
HARI .V
AGED 49 YEARS
S/O VISWANATHAN NAIR, RESIDING AT HEMANTHAM,
VENGANOOR.P.O, THIRUVANANTHAPURAM-695523.
BY ADVS.
BALAMURALI K.P.
AMALA.J.RAJ
GOURI RAMAN
JEREES J.
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN-682031.
2 STATION HOUSE OFFICER,(SHO),
VIZHINJAM, POLICE STATION, THIRUVANANTHAPURAM,
PIN-695521.
3 SREEKUMARAN NAIR
AGED 63 YEARS
S/O.KARUNAKARAN NAIR, RESIDING AT CHITHRATHEERATHU VEEDU,
NEAR GANDHISMARAKA HOSPITAL, VENGANOOR VILLAGE, VIZHINJAM,
THIRUVANANTHAPURAM,PIN-695521
BY ADV RAJU GEORGE (KARUVATTA)
OTHER PRESENT:
SRI. SANAL P. RAJ-PP-PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29.04.2022, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C No. 6395 of 2021
2
ORDER
The petitioner is the accused in Crime No.406/2016 of Vizhinjam Police station registered offences punishable under sections 143, 147, 149, 188, 294(b), 341, 323 and 506(ii) of IPC.
2. Heard.
3. It has been submitted by the learned counsel for the parties and the learned Public Prosecutor that the matter has been settled between the parties. The third respondent, who is the de- facto complainant, filed affidavit stating that the matter has been settled between the parties and hence, he has no further grievance against the petitioner. Since the matter has been settled between the parties, quashing the said offence would secure the ends of justice. For the said reason, I am inclined to quash all further proceedings against petitioner in Annexure-A1 FIR in Crime No.406/2016 of Vizhinjam Police Station and Annexure-A2 final report in C.C.No.2010/2016 on the file of the Judicial First Class Crl.M.C No. 6395 of 2021 3 Magistrate Court-IV (Temporary), Neyyattinkara, in exercise of the inherent power under Section 482 Cr.P.C., to meet the ends of justice and accordingly, I order so.
In the result, this Crl.M.C. stands allowed.
Sd/-
BASANT BALAJI, JUDGE rps/ Crl.M.C No. 6395 of 2021 4 APPENDIX OF CRL.MC 6395/2021 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO.406/2016 OF VIZHINJAM POLICE STATION.
Annexure A2 TRUE COPY OF THE FIINAL REPORT IN C.C.NO.2010/2016 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-IV(TEMPORARY), NEYYATTINKARA.
Annexure A3 ORIGINAL AFFIDAVIT OF THE 3RD RESPONDENT/DEFACTO COMPLAINANT.