Arun Rengathumala v. N.Jayakumar

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 3RD DAY OF NOVEMBER 2015/12TH KARTHIKA, 1937 Crl.MC.No. 4762 of 2014 () --------------------------- CC.NO. 656/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDURG ---------------- PETITIONER/ACCUSED :

------------------------------------ ARUN RENGATHUMALA, AGED 44 YEARS S/O.LATE CHINNAPPA GOWDA AND CHANDRAVATHI HOUSE NO.251, WARD NO.VI, KALLAPPALLI RENGATHUMALA, PANATHADI VILLAGE, PANATHADI PANCHAYATH.

BY SENIOR ADVOCATE SRI.M.RAMESH CHANDER BY ADVS.SRI.ANEESH JOSEPH SMT.DENNIS VARGHESE RESPONDENTS/COMPLAINANTS & STATE :

---------------------------------------------------------------

1. N.JAYAKUMAR, AGED 41 YEARS S/O.ANNAKOSE GOWDA, MAVILAMKOTTA HOUSE BANDADKA VILLAGE KASARAGOD TALUK AND DISTRICT - 671 541.

2. GEETHA, AGED 30 YEARS, D/O.ANNAKOSE GOWDA, MAVILANKOTA HOUSE, BANDADUKA VILLAGE KASARAGOD TALUK - 671 541.

3. JANARDHANAN N.A., AGED 36 YEARS S/O.ANNAKOSE GOWDA, RESIDING AT PADUPPU MAVILANKOTA HOUSE, BANDADUKA VILLAGE KASARAGOD TALUK AND DISTRICT - 671 541.

4. UDAYAKUMAR N.A.,, AGED 28 YEARS S/O.ANNAKOSE GOWDA, RESIDING AT PADUPPU MAVILANKOTA HOUSE, BANDADKA VILLAGE KASARAGOD TALUK AND DISTRICT - 671 541

5. LEELAVATHI N.A.,, AGED 31 YEARS S/O.ANNAKOSE GOWDA, RESIDING AT MAVILANKOTA HOUSE BANDADUKA VILLAGE KASARAGOD TALUK AND DISTRICT - 671 541.

...2/-

Crl.MC.No. 4762 of 2014 () -2-

6. SUMA, AGED 40 YEARS W/O.RAVEENDRAN & D/O.ANNAKOSE GOWDA RESIDING AT SULTHAN BATHERY WAYANAD DISTRICT - 671 592.

7. KEPAKKA, AGED 60 YEARS W/O.ANNAKOSE GOWDA, RESIDING AT MAVILANKOTA HOUSE BANDADUKA VILLAGE KASARAGOD TALUK AND DISTRICT - 671 541

8. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031.

*ADDL. R9 IMPLEADED ----------------------------------- *ADDL. R9. THE MANAGER KERALA GRAMIN BANK, PANATHUR BRANCH, KASARAGOD.

*IS IMPLEADED AS ADDL. R9 AS PER ORDER DT. 09.03.2015 IN CRL.MA. NO. 1070/2015 IN CRL.MC. NO.4762/2014.

R1 TO R7 BY ADV. SRI.V.TEKCHAND R8 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE ADDL.R9 BY ADVS. SRI.DEVAN RAMACHANDRAN SRI.K.M.ANEESH SRI.ADARSH KUMAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...3/-

Crl.MC.No. 4762 of 2014 () ------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :

--------------------------------------------- ANNEXURE A1:

CERTIFIED COPY OF CHARGE SHEET.

ANNEXURE A2:

THE ORIGINAL OF THE AFFIDAVIT SWORN BY 1ST RESPONDENT ON 18/6/2014.

ANNEXURE A2(a):

THE ORIGINAL OF THE AFFIDAVIT SWORN BY 2ND RESPONDENT ON 18/6/2014.

ANNEXURE A2(b):

THE ORIGINAL OF THE AFFIDAVIT SWORN BY 3RD RESPONDENT ON 18/6/2014.

ANNEXURE A2(c):

THE ORIGINAL OF THE AFFIDAVIT SWORN BY 4TH RESPONDENT ON 18/6/2014.

ANNEXURE A2(d):

THE ORIGINAL OF THE AFFIDAVIT SWORN BY 5TH RESPONDENT ON 18/6/2014.

ANNEXURE A2(e):

THE ORIGINAL OF THE AFFIDAVIT SWORN BY 6TH RESPONDENT ON 18/6/2014.

ANNEXURE A2(f):

THE ORIGINAL OF THE AFFIDAVIT SWORN BY 7TH RESPONDENT ON 18/6/2014.

ANNEXURE A3:

COPY OF THE PLAINT IN OS NO. 12/2015 OF SUBORDINATE JUDGE, HOSDURG.

ANNEXURE A4:

COPY OF THE JUDGMENT IN OS 12/2015 DATED 29.9.2015 OF THE HONOURABLE SUBORDINATE JUDGE, HOSDURG.

RESPONDENT(S)' ANNEXURES : NIL ---------------------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn

B. KEMAL PASHA, J.

................................................................ CRL.M.C. No. 4762 of 2014 ............................................................... Dated this the 3rd day of November, 2015

O R D E R

Petitioner is the accused in C.C.No.656/12 pending before the Judicial First Class Magistrate's Court-I Hosdurg, for offences punishable under Sections 467, 471 and 420 IPC.

2.

According to the petitioner, the matter has been amicably settled between him and the defacto complainant and the other affected parties, who are respondents 1 to 7. They have filed separate affidavits as Annexures A2 to A2(f) affirming that the matter has been amicably settled and they have no complaints against the petitioner.

3. At the same time, considering the seriousness of the allegations against the petitioner and the gravity of the

CRL.M.C.No. 4762 of 2014 -: 2 :- matter, this Court cannot accept and endorse the settlement arrived at between the parties. The court below shall take the case out of turn and dispose of the matter expeditiously by taking note of the fact that the matter has been settled between the parties.

In the result, this Crl.M.C. is disposed of as above. Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge