IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.SOMARAJAN

THURSDAY, THE 25TH DAY OF FEBRUARY 2021 / 6TH PHALGUNA, 1942

Crl.MC.No.5706 OF 2020(C)

AGAINST THE ORDER/JUDGMENT IN SC 203/2020 OF ADDITIONAL SESSIONS COURT - III, MAVELIKKARA

CRIME NO.501/2012 OF KAYAMKULAM POLICE STATION, ALAPPUZHA

PETITIONER/2nd ACCUSED:

SHANAVAS, S/O. HAJU, AGED 38, KADAYIL, ERUVA MURI, KAYAMKULAM VILLAGE, KAYAMKULAM, ALAPPUZHA.

BY ADV. SRI.K.R.SUNIL

RESPONDENTS/COMPLAINANT:

• 1 ANEES, S/O. HASSANKUNJU, AGED 31, ILATHUKAIZHEKETHIL, ERUVA MURI, PATHIYUR VILLAGE, ALAPPUZHA.
• 2 ARIFA, W/O. HASSANKUNJU, ILATHUKAIZHEKETHIL, ERUVA MURI, PATHIYUR VILLAGE, ALAPPUZHA.
• 3 THE SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION, KAYAMKULAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031.
  • R1-2 BY ADVS. AISWARYA VENUGOPAL KUM.SABI C SHAJI

PUBLIC PROSECUTOR SRI.RAMESH CHAND

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Annexure A4 and A5 are the settlement arrived at by the parties. The present petitioner is the accused No.2. All other accused were acquitted under Annexure A3 judgment, based on the settlement arrived at by the parties. The offence alleged includes an offence under Section 308 IPC besides 452, 294(b), 323 and 324 and 34 of IPC. It is submitted that there is no prima facie evidence to attract Section 308 IPC. Since the matter is settled out of court, no purpose will be served if it proceeded further. Hence, the crime registered and final report are hereby quashed.

Crl.M.C. is allowed accordingly.

Sd/- P.SOMARAJAN JUDGE

msp

Crl.MC.No.5706 OF 2020(C) 3

APPENDIX

PETITIONER'S/S ANNEXURES:

• ANNEXURE A1 THE CERTIFIED COPY OF THE FIRST INFORMATION REPORT DATED 17.04.2012 IN CRIME NO.501/2012 REGISTERED BY THE 3RD RESPONDENT.
• ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT DATED 04.05.2012 SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KAYAMKULAM.
• ANNEXURE A3 THE CERTIFIED COPY OF THE JUDGMENT DATED 29.01.2020 OF THE ADDITIONAL SESSIONS COURT-III, MAVELIKKARA IN S.C. NO. 332/2014.
• ANNEXURE A4 AFFIDAVIT SWORN BY THE PW1 ANNEXURE A3 INFORMING HIS WILLINGNESS TO COMPOUND, QUASH OR WITHDRAW THE OFFENCES AGAINST THE PETITIONER.
• ANNEXURE A5 AFFIDAVIT SWORN BY THE PW2 IN ANNEXURE A3 INFORMING HER WILLINGNESS TO COMPOUND, QUASH OR WITHDRAW THE OFFENCES AGAINST THE PETITIONER.
• ANNEXURE A6 AFFIDAVIT SWORN BY THE 4TH ADDITIONAL RESPONDENT DATED 10.12.2020

RESPONDENTS ANNEXURES:NIL

//TRUE COPY//

P.A. TO JUDGE