Amal K.Wilfred vs State Of Kerala
2021 Latest Caselaw 13254 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. 1402 OF 2021
 AGAINST THE ORDER/JUDGMENT IN CC 147/2019 OF TEMPORARY JUDL. FIRST
              CLASS MAGISTRATE COURT, NJARAKKAL, ERNAKULAM
PETITIONER/S:

             AMAL K.WILFRED
             AGED 35 YEARS
             S/O WILFRED,
             KANAKKASSERY HOUSE,
             NEAR PANCHICHUVADU KAPPELA OCHANTHURUTH P.O.,
             PUTHUVYPU VILLAGE, PIN-682508.

             BY ADV DENIZEN KOMATH



RESPONDENT/S:

     1       STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM-682031.

     2       STATION HOUSE OFFICER
             NJARAKKAL POLICE STATION,
             NJARAKKAL P.O.,
             KOCHI-682505.
 CRL.MC NO. 1402 OF 2021
                                    2



     3     MARTIN D SILVA
           AGED 62 YEARS
           S/O JOHN D'SILVA,
           KATTATH HOUSE, COMPANYPEEDIKA, OCHANTHURUTH P.O., PIN-
           682508.

           R3 BY ADV REKHA.V.



OTHER PRESENT:

           SMT.M.K.PUSHPALATHA-PP



THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.MC NO. 1402 OF 2021
                                 3




                           O R D E R

Dated this the 24th day of June 2021

The petitioner is the 4th accused in Crime No.1634/2017

of Njarakkal Police Station, which is presently pending on

the files of the Judicial First Class Magistrate Court,

Njarakkal as C.C.No.147/2019 for having allegedly committed

the offences punishable under Sections 143, 147, 148, 447

and 427 read with Section 149 of the I.P.C.

2. The de facto complainant is the 3rd respondent

herein. He has appeared through Counsel and has filed an

Affidavit at Annexure A3 stating that the matter has been

settled with the petitioner and that he is not intending to

proceed with the prosecution case against the petitioner.

The petitioner has no other criminal antecedents and there

is also no public interest involved. The main offence is

compoundable.

CRL.MC NO. 1402 OF 2021

Under the above circumstances, the Crl.M.C. is allowed

and the entire proceedings against the petitioner in Crime

No.1634/2017 of Njarakkal Police Station, presently pending

on the files of the Judicial First Class Magistrate Court,

Njarakkal as C.C.No.147/2019, stands quashed under Section

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

liberty.

Sd/-

ASHOK MENON JUDGE dkr CRL.MC NO. 1402 OF 2021

APPENDIX OF CRL.MC 1402/2021

PETITIONER ANNEXURE

ANNEXURE-A1 CERTIFIED COPY OF FIR AND FIS.

ANNEXURE-A2 CERTIFIED COPY OF CHARGE SHEET INCLUDING DEPOSITION OF WITNESSES.

ANNEXURE -A2(A) TRUE PHOTOCOPY OF THE COMPLAINT GIVEN BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT.

ANNEXURE-A3 TRUE AFFIDAVIT EXECUTED BY CW1 IN CC.NO.

147/2019.