Ajay vs State Of Kerala
2021 Latest Caselaw 13235 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
            THE HONOURABLE MR. JUSTICE ASHOK MENON
    THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
                    CRL.MC NO. 2621 OF 2021
 AGAINST THE ORDER/JUDGMENT IN CC 30/2016 OF ADDITIONAL CHIEF
        JUDICIAL MAGISTRATE (E&O),ERNAKULAM, ERNAKULAM
PETITIONERS/ACCUSED:
     1    AJAY, AGED 34 YEARS
          S/O.THANKAPPAN, ONAMPOZHIL HOUSE, PANANGADU, KUMBALAM
          VILLAGE, ERNAKULAM CITY, KERALA, PIN - 682 506.

    2     VIJI, AGED 32 YEARS
          S/O.K.A.KRISHNAN, KEETHARA PARAMBIL HOUSE, VKC (PO),
          THEVAKKAL, POOKKATTUPADI, ERNAKULAM, KERALA, PIN -
          682 021.

          BY ADVS.
          MERSEENA VINCENT (K/000073/2020)-27841
          M.SANJEEVE


RESPONDENT/S:
     1    STATE OF KERALA
          REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
          KERALA, ERNAKULAM DISTRICT, PIN - 682 031.

    2     THE STATION HOUSE OFFICER
          ERNAKULAM TOWN SOUTH POLICE STATION, ERNAKULAM
          DISTRICT, PIN - 682 015.

    3     SUDHEESH
          S/O.K.P.VARGHESE, KANNAMPARACHERUVIL HOUSE,
          KUMBALAMPOYKA, VADASSERIKKARA, PATHANAMTHITTA,
          KERALA, PIN - 689 661.


OTHER PRESENT:
          SRI.C.S.HRITHWIK SRPP,
          SRI.RAGHAVAN AMBADATH FOR R3


THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.MC 2621/2021
                                       2


                              ASHOK MENON, J.
                   ------------------------------------
                           Crl.MC No.2621 of 2021
               -------------------------------------
                     Dated this the 24th day of June, 2021


                                  ORDER

The petitioners are accused in Crime No.1325/2015 of

Ernakulam Town South Police Station for having allegedly

committed offences punishable under Sections 324, 427 and

294(b) read with Section 34 IPC. Final report was filed, which

has been taken on the files of the Addl. Chief Judicial

Magistrate's Court (EO), Ernakulam as CC No.30/2016 and is

presently pending consideration.

2. The de facto complainant is the third respondent.

He appeared and filed Annexure-A2 affidavit stating that the

matter has been amicably settled with the petitioners and that Crl.MC 2621/2021

he has no grievance against them, and therefore, the

proceedings may be quashed.

3. The learned Prosecutor has also, under instructions,

submitted that the matter has been amicably settled between

the parties. The petitioners do not have any criminal

antecedents. There is no public interest involved.

In view of the above, the Crl.MC is allowed and the entire

proceedings as against the petitioners herein in Crime

No.1325/2015 of Ernakulam Town South Police Station

pending as CC No.30/2016 on the files of the Addl. Chief

Judicial Magistrate's Court (EO), Ernakulam shall stand quashed

under Section 482 Cr.PC and the petitioners are discharged.

Sd/-

ASHOK MENON JUDGE jg Crl.MC 2621/2021

APPENDIX

PETITIONERS' EXHIBITS

ANNEXURE-A1 : COPY OF FIR AND FINAL REPORT IN CC 30/2016 BEFORE THE ADDL. CHIEF JUDICIAL MAGISTRATE (EO), ERNAKULAM.

ANNEXURE-A2 : AFFIDAVIT FILED BY R3 DATED 17.5.2021

ANNEXURE-A3 : AFFIDAVIT FILED BY THE RC OWNER OF THE CAR (CW 3) DATED 17.5.2021.