C.Bastin Sabu vs State Of Kerala
2021 Latest Caselaw 11993 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

    TUESDAY, THE 13TH DAY OF APRIL 2021 / 23RD CHAITHRA, 1943

                    Crl.Rev.Pet.No.3072 OF 2007

  AGAINST THE ORDER/JUDGMENT IN CRRP 72/2006 DATED 07-12-2006 OF
            DISTRICT COURT & SESSIONS COURT,KOZHIKODE

AGAINST THE ORDER IN CMP NO 1432/2006 [CC115/07] DATED 13-04-2007
         OF JUDICIAL MAGISTRATE OF FIRST CLASS, PAYYOLI


REVISION PETITIONER/ACCUSED:

              C.BASTIN SABU,
              "ABCEE HOME", JAI-NAGAR,
              THIRUMALA,,
              THIRUVANANTHAPURAM,, (PRESENTLY WORKING AS INSPECTOR
              OF POLICE,, CBCID SIG-II, THIRUVANANTHAPURAM).

              BY ADV. SRI.SHAJIN S.HAMEED

RESPONDENTS/COMPLAINANT:

         1    STATE OF KERALA,
              REPRESENTED BY ITS PUBLIC PROSECUTOR,,
              HIGH COURT OF KERALA,
              ERNAKULAM.

      *ADDL   P.P.SUNIL KUMAR,
      R2      S/O BALAKURUP,
              MANIYOOR,
              VATAKARA IS IMPLEADED AS ADDL 2ND RESPONDENT AS PER
              ORDER DATED 18/9/07 IN CRL.M.A.9690/07
              R1 BY ADV. PUBLIC PROSECUTOR
              R2 BY ADV. SRI.SUNNY MATHEW

OTHER PRESENT:

              SRI C M KAMMAPPU- SR.PP

     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 13.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.R.P.No.3072 OF 2007

                                 2


                               ORDER

Dated this the 13th day of April, 2021

The revision petitioner is the accused in C.C.

No.115/2007 before the Judicial First Class Magistrate Court,

Payyoli. The defacto complainant is represented by Adv.Sunny

Mathew, who submits that the matter has been settled and an

affidavit to that effect has also been filed through the petitioner.

The offence involved is only 294(b) IPC.

2. In view of the above settlement and placing reliance

upon the decisions in Narinder Singh and Others v. State of

Punjab and Another 2014(6)SCC 466 and Yogendra Yadav

and Others v. State of Jharkhand and Another 2014(9)SCC

653, no purpose will be served by continuing the proceedings.

The settlement mentioned above is liable to be recognised.

Hence, all further proceedings in C.C.No.115/2007 on

the files of the Judicial First Class Magistrate Court, Payyoli, are

quashed and the Crl.R.P is allowed as above.

Sd/-

BECHU KURIAN THOMAS JUDGE

NR/13/04/2021 Crl.R.P.No.3072 OF 2007

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A COPY OF THE ORDER IN CMP NO.3302/06 DATED 27.07.2006 BY THE JFCM, VADAKARA

ANNEXURE B COPY OF THE ORDER DATED 07.12.2006 IN CRL.R.P NO.72/2006 BY THE COURT OF SESSIONS KOZHIKODE.

  ANNEXURE C            COPY OF THE ORDER DATED 03/08/07 IN SLP
                        CRL 3950/07

  ANNEXURE D            AFFIDAVIT SWORN BY THE 2ND RESPONDENT


  RESPONDENTS' EXHIBITS:        NIL




               //TRUE COPY//         PA TO JUDGE