Kerala High CourtUnknown vs By Adv.Sri.A.Arunkumar on 13 March, 2018Author:K.Abraham MathewBench:K.Abraham MathewIN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT:

                 THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

            TUESDAY, THE 13TH DAY OF MARCH 2018 / 22ND PHALGUNA, 1939

                              Crl.MC.No. 1568 of 2018

      CC.NO.1411/2017 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II,HOSDURG
              CRIME NO. 483/2017 OF NILESHWAR POLICE STATION , KASARAGOD
                                   ----------


PETITIONER(S)/ACCUSED NO.5
---------------------------

     RISHIRAJ K.R.,
     AGED 21 YEARS, S/O. RAJEEVAN, KALLUMADATHIL HOUSE,
     AZHITHALA, P.O. THAIKKADAPPURAM, NILESHWAR, PADNE
     VILLAGE, HOSDURG TALUK.


        BY ADV.SRI.A.ARUNKUMAR


RESPONDENT(S)/STATE/COMPLAINANT :
-------------------------------

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

  2. DEEPESH M.,
     AGED 25 YEARS, S/O. LATE RAMANAN, MANGOTTU HOUSE, KAYYUR,
     KAYYUR VILLAGE, HOSDURG TALUK.

  3. SHYAMJITH P. V.,
     AGED 24 YEARS, S/O. BALAN, PUTHIYANAM VALAPPIL, KAYYUR,
     KAYYUR VILLAGE, HOSDURG TALUK.

  4. RATHEESH K.,
     AGED 32 YEARS, S/O. KODAKARA VALAPPIL KORAN, PEEDIKA
     VALAPPIL HOUSE, KAYYUR, KAYYUR VILLAGE, HOSDURG TALUK.

  5. SHOBITH V.,
     AGED 26 YEARS, S/O. SOBHANA V., VALAPPINAKATH HOUSE,
     KAYYUR, KAYYUR VILLAGE, HOSDURG TALUK.

  6. SAJIN S. GOPAL,
     AGED 23 YEARS, S/O. GOPALAN, ARAMAM KAYYUR, KAYYUR
     VILLAGE, HOSDURG TALUK.


             R1 BY SENIOR PUBLIC PROSECUTOR SRI.ALEX M.THOMBRA
       R2 TO R6 BY ADV. SRI.VIPIN T JOSE

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13-03-2018,
     THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
TS
Crl.MC.No. 1568 of 2018 ()
---------------------------



                                 APPENDIX


PETITIONER(S)' ANNEXURES
-------------------------

ANNEXURE AI    A TRUE COPY OF THE F.I.R IN CRIME NO. 483 OF 2017 OF
               NILESHWAR POLICE STATION.

ANNEXURE AII   A TRUE COPY OF THE FINAL REPORT IN CRIME NO. 483
               OF 2017 NILESHWAR POLICE STATION.

ANNEXURE AIII A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE
              2ND RESPONDENT.

ANNEXURE AIV   A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE
               3RD RESPONDENT.

ANNEXURE AV    A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE
               4TH RESPONDENT.

ANNEXURE AVI   A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE
               5TH RESPONDENT.

ANNEXURE AVII A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE
              6TH RESPONDENT.


RESPONDENT(S)' ANNEXURES - NIL
------------------------------

                                              /TRUE COPY/



                                              PS TO JUDGE

TS
13/03/2018

                          K.ABRAHAM MATHEW J.
                      --------------------------------------------
                          Crl.M.C. NO.1568 OF 2018
                    -----------------------------------------------
                  Dated this the 13th day of March, 2018

                                     ORDERPetition filed under Section 482 Cr.P.C.2.    Petitioner is the 5th accused in C.C.No.1411 of 2017 on the file

of the Judicial First Class Magistrate-II, Hosdurg in which the allegation is

that he along with the co-accused committed the offences under Sections

143, 147, 148, 323, 341 and 506 r/wSection 149IPC. Respondents 2 to 6

are the victims. It is submitted that the matter has been settled and the

proceedings in the trial court as against the petitioner may be quashed.3.    Heard the      learned counsel         for   the petitioner   and the

respondents and the learned Public Prosecutor.4.    The respondents 2 to 6 have entered appearance through

counsel and filed affidavits stating that the matter has been settled. The

offences underSections 323,341and506IPC are compoundable. I am

satisfied that the matter has been settled and no public interest is involved.In the result, this Crl.M.C is allowed. The proceedings in C.C.No.1411

of 2017 on the file of the Judicial First Class Magistrate-II, Hosdurg are

quashed.Sd/-K.ABRAHAM MATHEW
                                                               JUDGE
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