Rajan v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 24TH DAY OF JUNE 2015/3RD ASHADHA, 1937 Crl.MC.No. 3808 of 2015 () --------------------------- CRIME NO. 574/2015 OF KOTHAMANGALAM POLICE STATION, ERNAKULAM ----------------- PETITIONER/ACCUSED :
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1. RAJAN S/O.MATHEW, THEKKEKARA HOUSE, MALAYINKEEZHU KARA KOTHAMANGALAM VILLAGE, KOTHAMANGALAM TALUK.
2. JINEESH @ VEERAPPAN, MADATHIL HOUSE, KUTHUKUZHI, KOTHAMANGALAM.
3. SOORAJ S/O.YACOOB, PANACHIKUDY HOUSE, KUTHUKUZHI KOTHAMANGALAM.
4. AJEESH S/O.THANKAPPAN, MULLEKUDY HOUSE, KAVUMPADY THRIKKARIYOOR KARA, THRIKKARIYOOR, KOTHAMANGALAM. BY ADVS.SRI.C.DILIP SRI.P.N.VIJAYAN NAIR RESPONDENTS/STATE, DEFACT COMPLAINANT & ANOTHER VICTIM : ----------------------------------------------------------------------------------------------------
1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE KOTHAMANGALAM POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.
2. JEMMA GEORGE W/O.GEORGE, KUZHIKANDATHIL HOUSE, VALIYAPARA KUTHUKUZHI P.O., KOTHAMANGALAM, PIN-686 691.
3. WILFRED S/O.GEORGE, KUZHIKANDATHIL HOUSE, VALIYAPARA KUTHUKUZHI P.O., KOTHAMANGALAM, PIN-686 691.
R1 BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MANJOORAN R2 & R3 BY ADV. SRI.DOMSON J.VATTAKUZHY THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/-
Crl.MC.No. 3808 of 2015 () ------------------------------------ APPENDIX PETITIONER(S)' ANNEXURES :
--------------------------------------------- ANNEXURE A1 :
CERTIFIED COPY OF FIR 574/2015 ALONG WITH FI STATEMENT DATED 29-3-2015 OF KOTHAMANGALAM POLICE.
ANNEXURE A2 :
CERTIFIED COPY OF THE CHARGE SHEET DATED 30-4-2015 SUBMITTED BY THE POLICE BEFORE JFCM NO.1, KOTHAMANGALAM.
ANNEXURE A3 :
AFFIDAVIT DATED 17-6-2015 FILED BY THE SECOND RESPONDENT.
ANNEXURE A4 :
AFFIDAVIT DATED 17-6-2015 FILED BY THE THIRD RESPONDENT.
RESPONDENT(S)' EXHIBITS : NIL ----------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn
K. ABRAHAM MATHEW, J.
---------------------------- Crl.M.C. No.3808 of 2015 -------------------------------------------- Dated this the 24th day of June 2015
O R D E R
Petition filed under Sec.482 Cr.P.C.
2. Petitioners are accused in C.C. No.726 of 2015 on the file of the Judicial First Class Magistrate Court-I, Kothamangalam. They are charged with having committed the offences under Secs.294(b), 323, 325, 427 and 452 read with Sec.34 of the Indian Penal Code. It is submitted that the dispute between the parties has been settled. The request is to quash the proceedings in the criminal case.
3. Heard the learned counsel for the petitioners and for the respondents 2 and 3 and the learned Public Prosecutor.
4. Perused the affidavits filed by the 2nd and 3rd respondents. They are the victims in this case. They are not involved in any other case. I am satisfied that the matter has been settled and no public interest is involved in this case. This is a fit case to invoke the jurisdiction of
Crl.M.C. No.3808 of 2015 2 this Court under Sec.482 Cr.P.C. to quash the proceedings in the criminal case.
In the result, this Crl.M.C. is allowed. The proceedings in Judicial First Class Magistrate Court-I, Kothamangalam are quashed.
Sd/- K.ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge