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K.K.Nisamudheen

High Court Of Kerala|10 December, 2014
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JUDGMENT / ORDER

The petitioners are A1 to A4 in C.C.No.10 of 2012 of the Judicial First Class Magistrate’s Court, Androth, Union Territory of Lakshadweep for the offences under Sections 448, 323, 427 and 506(ii) read with Section 34 IPC. 2. The allegation against the petitioner is that on 07.07.2011, in between 7.00 and 7.30 a.m., they trespassed into the house of the defacto complainant and beat her and her husband with their hands and wooden reaper. It is also alleged that the 3rd accused had destroyed the teapoy placed in the Veranda. They criminally intimidated the defacto complainant and her husband by exhibiting knife.
3. According to the petitioners, the matter has been amicably settled between them and presently, the defacto Crl.M.C.No.6629/2014 : 2 :
complainant and her husband has no complaints against the petitioners. When the matter has been amicably settled, they have come up with the present Crl.M.C. to get Annexure A2 Final Report and all further proceedings in C.C.No.10 of 2012 of the court below on it, quashed.
4. A joint compromise petition has been filed by both the parties and the same is signed by all the parties and also their learned counsel. Over and above it, separate affidavits have been filed by both the injured persons affirming that the matter has been amicably settled.
5. The learned Standing Counsel for the Lakshadweep Administration has pointed out that the daughter of the injured persons in the case has been given in marriage to the 3rd accused. The injured persons have entered appearance through their counsel. The learned counsel for the injured persons also endorses the fact that affidavits have been sworn in by the injured persons on their own volition and the matter involved stands settled amicably. When the matter has been amicably settled and presently, Crl.M.C.No.6629/2014 : 3 :
the defacto complainant herself and the other injured person have no complaints against the petitioners, it is only justice and expedient in the interest of justice to quash Annexure A2 Final Report and all further proceedings based on it in C.C.No.10 of 2012 of the court below.
In the result, this Crl.M.C is allowed and Annexure A2 Final Report as against the petitioners and all further proceedings based on it in C.C.No.10 of 2012 of the Judicial First Class Magistrate’s Court, Androth, Union Territory of Lakshadweep are hereby quashed.
DSV/10/12 Sd/-
B.KEMAL PASHA, JUDGE // True Copy // P.A. To Judge
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Title

K.K.Nisamudheen

Court

High Court Of Kerala

JudgmentDate
10 December, 2014
Judges
  • B Kemal Pasha