Deepu vs Kishore
2021 Latest Caselaw 775 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

               THE HONOURABLE MR. JUSTICE P.SOMARAJAN

     FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

                     Crl.MC.No.8774 OF 2019(F)

 AGAINST THE ORDER/JUDGMENT IN CC 302/2015 OF JUDICIAL MAGISTRATE
                   OF FIRST CLASS -II,ATTINGAL

          CRIME NO.1458/2014 OF KILIMANOOR POLICE STATION,
                         THIRUVANANTHAPURAM


PETITIONERS/ACCUSED NO.1 TO 8:

      1      DEEPU, AGED 29 YEARS,
             S/O.SREERANGAN, DIVYA BHAVAN, MALACKAL, KILIMANOOR
             VILLAGE, TRIVANDRUM.

      2      ARJUN, AGED 26 YEARS
             S/O.RAMACHANDRAN, CHANDRODAYAM HOUSE, MALACKAL,
             KILIMANOOR VILLAGE, TRIVANDRUM.

      3      ADARSH,AGED 33 YEARS
             S/O.ASHOKAN, MALACKAL, KILIMANOOR VILLAGE,
             TRIVANDRUM.

      4      JAYADEVAN, AGED 33 YEARS
             S/O.GANGARAJAN, MALACKAL, RESIDING AT CHAVARUPACHA
             HOUSING COLONY, MALACKAL, KILIMANOOR VILLAGE,
             TRIVANDRUM.

      5      VISHNU,AGED 27 YEARS,
             S/O.PADMARAJAN, KAVUVILA HOUSE, MALACKAL, KILIMANOOR
             VILLAGE, TRIVANDRUM.

      6      SURESH,AGED 37 YEARS,
             S/O.PUSHPARAJAN, PS BHAVAN, MALACKAL, KILIMANOOR
             VILLAGE, TRIVANDRUM.

      7      RATHEESH, AGED 32 YEARS,
             S/O.RAVEENDRAN, RATHEESH BHAVAN, MALACKAL, KILIMANOOR
             VILLAGE, TRIVANDRUM.

      8      ABHILASH,
             AGED 34 YEARS
             S/O.MURALEEDHARAN, ARCHANA BHAVAN, MADAVUR VILLAGE,
             TRIVANDRUM.

             BY ADV. SRI.T.KABIL CHANDRAN
 Crl.MC.No.8774 OF 2019(F)       2


RESPONDENT/DEFACTP COMPLAINANT & STATE:

      1      KISHORE, AGED 25 YEARS
             S/O.GIREESHKUMAR, KISHORE BHAVAN, MALAKKAL,
             KILIMANOOR VILLAGE, TRIVANDRUM- 695601.

      2      NIDHEESH, AGED 27 YEARS
             S/O.THULASEEDHARAN, CHANDA VILA HOUSE, MALAKKAL,
             KILIMANOOR VILLAGE, TRIVANDRUM- 695601.

      3      AMAL MOHAN, AGED 21 YEARS
             S/O.MOHANAN, AM NIVAS, MALAKKAL, KILIMANOOR
             VILLAGE, TRIVANDRUM- 695601.

      4      NIKHIL,AGED 24 YEARS
             S/O.SUGUNAN, AKHIL NIVAS, PULIYARAKONAM, MADAVUR
             VILLAGE, TRIVANDRUM- 695573.

      5      LIBIN RAJ,
             AGED 28 YEARS
             S/O.SOMARAJAN, LENIN HOUSE, MALAKKAL, KILIMANOOR
             VILLAGE, TRIVANDRUM-695601.

      6      STATE OF KERALA,
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, PIN- 682031.

             R1-5 BY ADV. SRI.LENIN P. SUKUMARAN


             PUBLIC PROSECUTOR SRI.K.B.UDAYAKUMAR

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD         ON
08.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.8774 OF 2019(F)            3




                               ORDER

The offences alleged are under Sections

143,147,148,452,294(b),341,323,324,427 r/w 149 of

IPC. The matter is settled out of court. All the

five injured including the defacto complainant

filed their respective sworn statement admitting

the settlement arrived at. As such, if it is

proceeded further it will not serve any purpose.

The entire proceedings are hereby quashed by

allowing Crl.M.C.

The Crl.M.C. is allowed accordingly.

Sd/-

                                                  P.SOMARAJAN

msp                                                    JUDGE



                            APPENDIX
PETITIONER'S/S EXHIBITS:

ANNEXURE A1          THE TRUE COPY OF THE FIR IN CRIME NO.1 OF
                     KILIMANOOR POLICE STATION.

ANNEXURE A2          TRUE COPY OF CHARGE SHEET IN CCC 302/2015

PENDING ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT II, ATTINGAL.

ANNEXURE A3 AFFIDAVIT FILED BY THE 1ST RESPONDENT.

ANNEXURE A4 AFFIDAVIT FILED BY THE 2ND RESPONDENT.

ANNEXURE A5 AFFIDAVIT FILED BY THE 3RD RESPONDENT.

ANNEXURE A6 AFFIDAVIT FILED BY THE 4TH RESPONDENT.

ANNEXURE A7 AFFIDAVIT FILED BY THE 5TH RESPONDENT.

ANNEXURE A8 THE TRUE COPY OF THE ORDER IN CRL.M.C.NO.609 OF 2019 DATED 30.01.2019.

//TRUE COPY//

P.A. TO JUDGE