Daniel George v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 2ND DAY OF MARCH 2015/11TH PHALGUNA, 1936 Crl.MC.No. 1086 of 2015 () --------------------------- AGAINST THE ORDER/JUDGMENT IN CC 505/2014 of JUDL. MAGI. OF FIRST CLASS-III, KOTTAYAM CRIME NO. 390/2014 OF KOTTAYAM WEST POLICE STATION , KOTTAYAM PETITIONER(S)/ACCUSED 1 & 2:
-----------------------------------------------
1. DANIEL GEORGE, AGED 39 YEARS S/O.GEORGE, KOCHUVEETTIL HOUSE, MARIYATHURUTH.P.O KOTTAYAM-686017.
2. LIJUMON JOSEPH, AGED 34 YEARS S/O.JOSEPH, THEKKEDATH HOUSE, MALLUSSERY.P.O KOTTAYAM-686041.
BY ADVS.SRI.C.A.CHACKO SMT.C.M.CHARISMA RESPONDENT(S)/COMPLAINANT & DE FACTO COMPLAINANT: -----------------------------------------------------------------------------------------
1. STATE OF KERALA, REPRESNETING SUB INSPECTOR OF POLICE KOTTAYAM WEST POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
2. THABORA,, AGED 33 YEARS W/O.SHIBU, KAVALLURKULATHINKARA HOUSE KUTTIYANIKKADU KARA, KEEZHAR VILLAGE THIRUVANANTHAPURAM DISTRICT-695001.
R1 BY PUBLIC PROSECUTORSHRI.JIBU P. THOMAS R2 BY ADV. SRI.BENNY VARGHESE (THETTAYIL) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-032015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1086 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE-A1 :
CERTIFIED COPY OF THE FIR AND FIS DATED 4/3/2014 IN CRIME NO.390/2014 OF KOTTAYAM WEST POLICE STATION ANNEXURE-A2 :
CERTIFIED COPY OF FINAL REPORT DATED 18/3/2014 IN CRIME NO.390/2014 OF KOTTAYAM WEST POLICE STATION ANNEXURE-A3 :
AFFIDAVIT DATED 4/2/2015 OF 2ND RESPONDENT PETITION FOR STAY.
RESPONDENT(S)' EXHIBITS: NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE STK
B. KEMAL PASHA, J.
````````````````````````````````````````````````````````````` Crl.M.C. No.1086 2015 ````````````````````````````````````````````````````````````` Dated this the 2nd day of March, 2015
O R D E R
~ ~ ~ ~ ~ ~ This is a petition filed under Section 482 of the Code of Criminal Procedure.
2.
Petitioners are accused Nos.1 and 2 in Crime No.390/2014 of Kottayam West Police Station registered for the offences punishable under Sections 294(b), 506(i), 384 and 468 IPC and Sections 13 and 17 of the Kerala Money Lenders Act.
3.
Petitioners have come up with this petition for getting Annexure-A1 FIR and Annexure-A2 final report in Crime No.390/2014 of Kottayam West Police Station as against the petitioners and all further proceedings based on
: 2 :
it in C.C.505/2014 pending before the Judicial First Class Magistrate's Court-III, Kottayam, quashed.
4.
The allegation against the petitioners is that on 28.01.2013 they gave ₹3,50,000/- to the de facto complainant, who is the 2nd respondent herein, on interest and in spite of repaying ₹3,15,000/- towards the interest by the de facto complainant, the petitioners went to her house, abused and threatened her, obtained her car and forcibly obtained an agreement and stamp paper from her and continued to harass her.
5.
Heard learned counsel for the petitioners, the learned counsel for the defacto complainant, who is the 2nd respondent herein, and learned Public Prosecutor. 6.
According to the petitioners, all the matters in dispute between the petitioners and the defacto complainant have been amicably settled and presently, the defacto complainant has no complaints against the petitioners and, therefore, the proceedings against the petitioners may be
: 3 :
quashed.
7.
The defacto complainant, who is the 2nd respondent herein, has filed an affidavit affirming that all the matters in dispute between her and the petitioners have been amicably settled and, therefore, she has no complaints against the petitioners and, hence, all further proceedings in the matter referred to above can be quashed. She has entered appearance through her counsel. The learned counsel for the defacto complainant also endorses the fact that the affidavit has been sworn in by the defacto complainant on her own volition.
8.
When all the disputes have been settled between the parties and as the defacto complainant has no complaints against the petitioners, it is only just and expedient in the interest of justice to quash the proceedings referred to above.
In the result, this Crl.M.C. is allowed and Annexure-A1 FIR and Annexure-A2 final report in Crime No.390/2014 of
: 4 :
Kottayam West Police Station as against the petitioners and all further proceedings based on it in C.C.505/2014 pending before the Judicial First Class Magistrate's Court-III, Kottayam are hereby quashed.
Sd/- (B.KEMAL PASHA, JUDGE) aks/02/03 // True Copy // PA to Judge