Manoj Kumar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 9TH DAY OF OCTOBER 2015/17TH ASWINA, 1937 Crl.MC.No. 6100 of 2015 --------------------------- CC 371/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II,THRISSUR. CRIME NO. 3093/2014 OF TOWN EAST POLICE STATION, THRISSUR. ........

PETITIONER/ACCUSED NO.1:

------------------------------------------ MANOJ KUMAR, AGED 49, S/O.RAMACHANDRAN PILLAI, FLAT NO.6 - 'EKAPARNIKA HOUSE', GOUTHAM APARTMENTS, NEW AVENUE ROAD, CHELAKOTTUKARA, THRISSUR.

BY ADVS.SRI.THIYYANNOOR RAMAKRISHNAN SRI.ARUN KUMAR.P SMT.AMBIKA RADHAKRISHNAN RESPONDENT(S)/STATE/COMPLAINANT:

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1. STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, TOWN EAST POLICE STATION, THRISSUR, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682 031.

2. MURALI MENON, AGED 51, S/O.PADMANABHA MENON, FLAT NO.B-15, ROYAL PARK, CHALIKKAVATTAM, PUNITHURA VILLAGE, VYTTILA, COCHIN - 682 019. R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE R2 BY ADV. SRI.P.RAHUL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

Crl.MC.No. 6100 of 2015 --------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

------------------------------------------ ANNEXURE-1:

CERTIFIED COPY OF THE F.I.R IN CRIME NO.3093/2014 OF TOWN EAST POLICE STATION, THRISSUR.

ANNEXURE-2:

CERTIFIED COPY OF THE CHARGE SHEET/FINAL REPORT IN CC 371/2015, ON THE FILE OF J.F.C.M. COURT NO.II, THRISSUR. RESPONDENTS' ANNEXURES:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

B. KEMAL PASHA, J.

................................................................ CRL. M.C. No. 6100 of 2015 ............................................................... Dated this the 9th day of October, 2015

O R D E R

Petitioner is presently the first accused in C.C.No.371/2015 of the Judicial First Class Magistrate's Court-II, Thrissur, which has arisen from Crime No.3093/2014 of the Town East Police Station, Thrissur, registered for the offences punishable under Sections 406 and 420 read with Section 34 of the Indian Penal Code, Section 3 read with Section 17 of the Kerala Money Lenders Act and Section 3 read with Section 9(1)(a) of the Kerala Prohibition of Charging Exorbitant Interest Act, 2012. 2.

According to the petitioner, the matter has been

CRL.M.C.No. 6100 of 2015 -: 2 :- amicably settled between him and the defacto complainant. The defacto complainant, who is the 2nd respondent herein, has filed an affidavit affirming that the matter has been amicably settled. He has filed a further affidavit to the effect that the matter has been settled between him and the 2nd accused also. When the matter has been amicably settled between the defacto complainant and both the accused in the case, no fruitful purpose would be served in proceeding with the trial of the matter. Matters being so, Annexure-1 FIR and Annexure-2 Final Report in Crime No.3093/2014 of the Town East Police Station, Thrissur and all further proceedings based on it in C.C.No.371/2015 of the Judicial First Class Magistrate's Court-II, Thrissur are liable to be quashed.

In the result, this Crl.M.C. is allowed and Annexure-1 FIR and Annexure-2 Final Report in Crime No.3093/2014 of the Town East Police Station, Thrissur and all further proceedings based on it in C.C.No.371/2015 of the Judicial

CRL.M.C.No. 6100 of 2015 -: 3 :- First Class Magistrate's Court-II, Thrissur, are hereby quashed.

Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge