Sijo @ Sijo Kennady vs The State Of Kerala
2021 Latest Caselaw 16511 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                  THE HONOURABLE MR. JUSTICE ASHOK MENON
         THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
                          CRL.MC NO. 3250 OF 2021
         CRIME NO.1892/2020 OF Kollam West Police Station, Kollam
AGAINST THE ORDER/JUDGMENT IN CC 1207/2020 OF JUDICIAL MAGISTRATE OF
                    FIRST CLASS - III, KOLLAM, KOLLAM
PETITIONER/ACCUSED:
           SIJO @ SIJO KENNADY
           AGED 27 YEARS
           S/O.JOHN KENNEDY, RESIDING AT JOHNS DALE, PCNRA - 88,
           KOLLAM WEST VILLAGE, PUNNATHALA CHERRY, KOLLAM DISTRICT -
           691 007.

              BY ADVS.
              S.SREEKUMAR (KOLLAM)
              M.SREERANGA NADHAN



RESPONDENTS/STATE AND THE DE FACTO COMPLAINANT:

     1        THE STATE OF KERALA
              REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
              KERALA AT ERNAKULAM - 682 031.

     2        THE STATION HOUSE OFFICER
              KOLLAM WEST POLICE STATION, KOLLAM DISTRICT - 691 013.

     3        MILANO @ MILANO BRUNO FERNANDEZ
              AGED 22 YEARS
              S/O.BRUNO, RESIDING AT ANEEKH HOUSE, ANANYA NAGAR-9B,
              PUNNATHALA CHERRY, KOLLAM WEST VILLAGE, KOLLAM DISTRICT -
              691 007.

              BY ADV K.VIJAYAN

              SRI.T.R.RENJITH SR. PP


     THIS    CRIMINAL   MISC.    CASE   HAVING   COME   UP   FOR   ADMISSION   ON
05.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.MC NO. 3250 OF 2021               2



                               ORDER

Dated this the 5th day of August, 2021

The petitioner is the sole accused in Crime No.1892/2020 of

Kollam West Police Station for having allegedly committed offences

punishable under Sections 294(b), 341, 323 and 324 of IPC.

2. The final report has been filed and taken on file as C.C.

No.1207/2020 on the files of the Judicial First Class Magistrate Court

(Temporary), Kollam. The de facto complainant is the 3 rd

respondent herein. The petitioner states that the matter has been

amicably settled with the de facto complainant and that the

proceedings may be quashed.

3. The de facto complainant has appeared through counsel and

filed affidavit at Annexure A3 stating that he has no grievance

against the petitioner and has no objection in quashing the

proceedings.

4. The learned Public Prosecutor has also received instructions

regarding the genuineness of the settlement. The petitioner has no

criminal antecedents. There is no public interest involved. The

main offences are compoundable. Under the circumstances, the

petition is allowed and the entire proceedings as against the

petitioner in Crime No.1892/2020 of Kollam West Police Station

now pending as C.C. No.1207/2020 on the files of the Judicial First

Class Magistrate Court (Temporary), Kollam stands quashed under

Section 482 of Cr.P.C. and the accused is discharged and set at

liberty.

Sd/-

ASHOK MENON JUDGE rmm

APPENDIX OF CRL.MC 3250/2021

PETITIONER ANNEXURE

Annexure A1 A CERTIFIED COPY OF THE FIR DATED 26/08/2020 IN CRIME NO.1892 OF 2020 OF THE KOLLAM WEST POLICE STATION AND ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT (TEMPORARY) KOLLAM.

Annexure A2 A CERTIFIED COPY OF THE CHARGE IN C.C.1207 2020 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT (TEMPORARY) KOLLAM IN CRIME NO.1892 OF 2020 OF KOLLAM WEST POLICE STATION.

Annexure A3 A AFFIDAVIT DATED 22/07/2021 SWORN BY THE THIRD RESPONDENT (DE-FACTO COMPLAINANT) BEFORE THIS HON'BLE COURT.