Hari .V vs State Of Kerala
2022 Latest Caselaw 4863 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                     THE HONOURABLE MR.JUSTICE BASANT BALAJI

            FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944

                              CRL.MC NO. 6395 OF 2021

   AGAINST THE ORDER/JUDGMENT IN CC 2010/2016 OF JUDICIAL MAGISTRATE OF FIRST

                          CLASS,NEYYATTINKARA (TEMPORARY)

PETITIONER/3RD ACCUSED:

             HARI .V
             AGED 49 YEARS
             S/O VISWANATHAN NAIR, RESIDING AT HEMANTHAM,
             VENGANOOR.P.O, THIRUVANANTHAPURAM-695523.
             BY ADVS.
             BALAMURALI K.P.
             AMALA.J.RAJ
             GOURI RAMAN
             JEREES J.


RESPONDENTS/STATE:

     1       STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
             ERNAKULAM, PIN-682031.
     2       STATION HOUSE OFFICER,(SHO),
             VIZHINJAM, POLICE STATION, THIRUVANANTHAPURAM,
             PIN-695521.
     3       SREEKUMARAN NAIR
             AGED 63 YEARS
             S/O.KARUNAKARAN NAIR, RESIDING AT CHITHRATHEERATHU VEEDU,
             NEAR GANDHISMARAKA HOSPITAL, VENGANOOR VILLAGE, VIZHINJAM,
             THIRUVANANTHAPURAM,PIN-695521
             BY ADV RAJU GEORGE (KARUVATTA)


OTHER PRESENT:

             SRI. SANAL P. RAJ-PP-PP



      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29.04.2022, THE

COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C No. 6395 of 2021
                                      2




                                  ORDER

The petitioner is the accused in Crime No.406/2016 of

Vizhinjam Police station registered offences punishable under

sections 143, 147, 149, 188, 294(b), 341, 323 and 506(ii) of IPC.

2. Heard.

3. It has been submitted by the learned counsel for the

parties and the learned Public Prosecutor that the matter has been

settled between the parties. The third respondent, who is the de-

facto complainant, filed affidavit stating that the matter has been

settled between the parties and hence, he has no further grievance

against the petitioner. Since the matter has been settled between

the parties, quashing the said offence would secure the ends of

justice. For the said reason, I am inclined to quash all further

proceedings against petitioner in Annexure-A1 FIR in Crime

No.406/2016 of Vizhinjam Police Station and Annexure-A2 final

report in C.C.No.2010/2016 on the file of the Judicial First Class Crl.M.C No. 6395 of 2021

Magistrate Court-IV (Temporary), Neyyattinkara, in exercise of the

inherent power under Section 482 Cr.P.C., to meet the ends of

justice and accordingly, I order so.

In the result, this Crl.M.C. stands allowed.

Sd/-

BASANT BALAJI, JUDGE rps/ Crl.M.C No. 6395 of 2021

APPENDIX OF CRL.MC 6395/2021

PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO.406/2016 OF VIZHINJAM POLICE STATION.

Annexure A2 TRUE COPY OF THE FIINAL REPORT IN C.C.NO.2010/2016 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-IV(TEMPORARY), NEYYATTINKARA.

Annexure A3 ORIGINAL AFFIDAVIT OF THE 3RD RESPONDENT/DEFACTO COMPLAINANT.