IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON TUESDAY, THE 03RD DAY OF DECEMBER 2019 / 12TH AGRAHAYANA, 1941 Crl.MC.No.7774 OF 2019(B)

AGAINST THE ORDER/JUDGMENT IN SC 662/2017 OF III ADDITIONAL DISTRICT & SESSIONS COURT, THODUPUZHA CRIME NO.108/2017 OF Kanjar Police Station , Idukki PETITIONERS/ACCUSED 1 TO 5:

1 ANTO MATHEW AGED 28 YEARS S/O.MATHEW, KALLIKATTU HOUSE, ARAKKULAM VILLAGE, MOOLAMATTOM, IDUKKI DISTRICT.

2 LIFIN EAPPACHAN, AGED 24 YEARS S/O.EAPPACHAN, MANIMALA HOUSE, ARAKKULAM VILLAGE, MOOLAMATTOM, IDUKKI DISTRICT. 3 JINU JOHN ALIAS KUNJU, AGED 28 YEARS S/O.JOHNY, VARIKKALPLACKAL HOUSE, KUDAYATHOOR VILLAGE, KANJAR, IDUKKI DISTRICT.

4 SEBIN TOM, AGED 26 YEARS S/O.THOMAS, VECHOOR HOUSE, KUDAYATHOOR VILLAGE, KEETILA, IDUKKI DISTRICT.

5 BENEDICT JOSEPH, AGED 28 YEARS S/O.JOSEPH, PARAVAN PARAMBIL HOUSE, ARAKKULAM VILLAGE, ALINCHUVADU, MOOLAMATTOM, IDUKKI DISTRICT.

BY ADV. SRI.BABU JOSE RESPONDENTS/STATE & DEFACTO COMPLAINANT:

1 STATE OFKERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.

2 AMAL BABU AGED 20 YEARS S/O.BABU JOSEPH, EDAKKARA HOUSE, AKG COLONY, MOOLAMATTOM KARA, ARAKKULAM VILLAGE, IDUKKI DISTRICT, PIN - 685 589.

R2 BY ADV. N.P.PRAJEESH OTHER PRESENT:

SMT V. SREEJA, P P THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R

Dated this the 3rd day of December 2019 Petitioners are accused 1 to 5 in SC No.662/2017 on the files of the III Additional District and Sessions Court, Thodupuzha for having allegedly committed offences punishable under Sections 143, 144, 147, 148, 341, 324, 308, 323 and 427 read with Section 149 IPC.

2. The defacto complainant/injured is the second respondent. He has appeared through counsel and has filed an affidavit to the effect that the matter has been amicably settled with the petitioners and that he has no grievance against them. The injury sustained is also not very serious and there is no ingredients in the final report to attract Section 308 IPC. A report has also been obtained from the investigating officer through the learned Public Prosecutor to the effect that the matter has been settled amicably between the defacto complainant and the petitioners. There is no public interest involved.

In the result, the Criminal M.C. is allowed and the entire proceedings as against the petitioners herein in SC No.662/2017 on the files of the III Additional District and Sessions Court, Thodupuzha shall stand quashed under Section 482 Cr.PC and the petitioners/accused are discharged.

Sd/-

ASHOK MENON JUDGE jg APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A PHOTOCOPY OF THE FINAL REPORT IN CRIME NO.108/2017 FILED BEFORE THE JUDL.FIRST CLASS MAGISTRATE COURT,THODUPUZHA.

ANNEXURE B AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT DATED 25.09.2019.