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Krilosh Panicker vs State Of Kerala on 10 May, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE V.G.ARUN

FRIDAY, THE 10TH DAY OF MAY 2019 / 20TH VAISAKHA, 1941

Crl.MC.No. 3340 of 2019

AGAINST THE ORDER/JUDGMENT IN CC 403/2016 of JUDICIAL
MAGISTRATE OF FIRST CLASS, ATTINGAL (TEMPORARY)

CRIME NO. 34/2016 OF Attingal Police Station ,
Thiruvananthapuram

PETITIONERS/ACCUSED:

1 KRILOSH PANICKER
AGED 36 YEARS
S/O. KRISHNAN KUTTY,
USHAS VEEDU, NEAR ALAMCODE LPS,
ATTINGAL, THIRUVANANTHAPURAM,PIN-695 101

2 USHA,
AGED 61 YEARS
W/O. KRISHNAN KUTTY, USHAS VEEDU,
NEAR ALAMCODE LPS,ATTINGAL,
THIRUVANANTHAPURAM,PIN-695 101

3 KRISHNAKUTTY,
S/O. ACHUTHAN, USHAS VEEDU,
NEAR ALAMCODE LPS,ATTINGAL,
THIRUVANANTHAPURAM,PIN-695 101

4 CHRISTY,
AGED 41 YEARS
D/O. KRISHNAN KUTTY, USHAS VEEDU,
NEAR ALAMCODE LPS,ATTINGAL,
THIRUVANANTHAPURAM,PIN-695 101

5 THAMBURU,
AGED 33 YEARS
D/O. KRISHNAN KUTTY, USHAS VEEDU,
NEAR ALAMCODE LPS,ATTINGAL,
THIRUVANANTHAPURAM,PIN-695 101

BY ADV. SRI.O.V.MANIPRASAD
Crl.M.C.No.3340/2019
2

RESPONDENTS/STATE DEFACTO COMPLAINANT:

1 STATE OF KERALA
(SUB INSPECTOR OF POLICE,
ATTINGAL POLICE STATION,
CRIME NO.34/2016)
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM

2 NEETHU KRISHNAN
AGED 31 YEARS
D/O.BEENA,FLAT NO.AMC XVII/176 (2)
MOONNUMUKKU,ATTINGAL,
THIRUVANANTHAPURAM,PIN-695 101

R1 BY SR.PUBLIC PROSECUTOR SRI.M.S.BREEZ
R2 BY ADV. SRI.SOJAN MICHEAL

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.3340/2019
3

V.G. ARUN, J.
————————————————
Crl.M.C.No. 3340 of 2019
————————————————
Dated this the 10th day of May, 2019

ORDER

The petitioners are the accused in C.C.No.403/2016 on

the file of the Judicial First Class Magistrate Court-I, Attingal.

The offences alleged against the petitioners are under

Sections 294(b), 323, 498A read with Section 34 of IPC.

Second respondent herein is the de facto complainant. This

Crl.M.C is filed seeking to quash the proceedings in

C.C.No.403/2016 on the file of the Judicial First Class

Magistrate Court-I, Attingal on the ground that the issue

leading to the registration of the crime has been amicably

settled between the petitioners and respondents.

2. Heard the learned counsel for the petitioners, the

learned counsel for the second respondent and the learned

Public Prosecutor.

3. Having perused the affidavit filed by respondents,

the contents of which is submitted to be true and voluntary

by the learned counsel for the respondents, I am satisfied
Crl.M.C.No.3340/2019
4

that the matter has been amicably settled and that no public

interest is involved in this matter. Hence, there is no

impediment in granting the relief sought.

In the result, this Crl.M.C is allowed. The proceedings

in C.C.No. 403/2016 on the file of the Judicial First Class

Magistrate Court-I, Attingal is quashed. The trial court may

pass appropriate orders for the disposal of the material

objects, if any, seized during the course of investigation.

Sd/-

V.G. ARUN
JUDGE

sou.

Crl.M.C.No.3340/2019
5

APPENDIX

PETITIONER’S/S EXHIBITS:

ANNEXURE-1 A CERTIFIED COPY OF THE FIR IN CRIME
NO.34/2016 OF ATTINGAL POLICE STATION

ANNEXURE-II A CERTIFIED COPY OF THE FINAL REPORT
FILED BY THE 1ST RESPONDENT IN FIR
NO.34/2016 OF ATTINGAL POLICE STATION

ANNEXURE-III A CERTIFIED COPY OF THE O.P(HMA)
NO.1616 OF 2016 BEFORE FAMILY COURT,
ATTINGAL

ANNEXURE-IV THE AFFIDAVIT SWORN TO BY THE 2ND
RESPONDENT

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