← Library
High Court of KeralaCrl.MC/6560/2015allowed

Boby Jose v. State Of Kerala

2015-10-29Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 29TH DAY OF OCTOBER 2015/7TH KARTHIKA, 1937 Crl.MC.No. 6560 of 2015 () --------------------------------------- CRIME NO. 652/2014 OF TOWN EAST POLICE STATION , TRISSUR ----------------------------- PETITIONER(S)/ACCUSED NO.1 TO 3:

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

1. BOBY JOSE, AGED 32 YEARS, S/O.JOSE, CHIRAKKEKKARAN HOUSE, EAST FORT, THRISSUR.

2. JOSEPH, AGED 36 YEARS, S/O.JOSEPH, CHIRAKKEKKARAN HOUSE, EASTFORT, THRISSUR.

3. RENJITH, AGED 31 YEARS, S/O.VENUGOPALAN, USHUS HOUSE, VYASAGIRI P.O.

WADAKKANCHERY, THRISSUR.

BY ADVS.SRI.G.SREEKUMAR (CHELUR) SRI.K.R.ARUN KRISHNAN RESPONDENT(S)/RESPONDENT AND COMPLAINANT:

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

1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA.682 031.

2. C.A.FRANCIS, AGED 72 YEARS, S/O.ANTONY, CHIRAKKEKKARAN HOUSE, KURIACHIRA.P.O. THRISSUR THALUK, THRISSUR.680 001.

R2 BY ADV. SRI.N.U.HARIKRISHNA R1 BY PUBLIC PROSECUTOR SMT.SAREENA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AD

Crl.MC.No. 6560 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE A- TRUE COPY OF THE FIR NO.652 OF 2014 DATED 24.02.2014. ANNEXURE B- AFFIDAVIT DATED SWORN BY THE 2ND RESPONDENT/DE FACTO COMPLAINANT.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL //TRUE COPY// P.A TO JUDGE AD

B.KEMAL PASHA, J.

-------------------------------------- Crl.M.C.No.6560 of 2015 ---------------------------------------- Dated this the 29th day of October, 2015

ORDER

The petitioners are the accused in Crime No. 652 of 2014 of the Thrissur East Police Station registered for the offence punishable under Sections 403, 408 and 468 read with Section 34 of the IPC.

2. The crime has been registered on the basis of a private complaint filed by the de facto complainant, who is the 2nd respondent herein, before the Chief Judicial Magistrate Court's, Thrissur, which was referred to the Police under Section 156(3) Cr.P.C. The parties are relatives. The matter has been amicably settled between the parties. All the disputes and differences between the parties have been settled. The Bank has not forwarded any complaint.

3. The de facto complainant, who is the 2nd respondent herein, has filed Annexure-B affidavit affirming that the matter has been amicably settled between them

and he has no complaints or grievances against the petitioners. No criminal antecedents have been reported against the petitioners. As the matter has been amicably settled between the parties, no purpose would be served in proceeding the investigation further. Over and above it, the matter is based on a private complaint. Matters being so, Annexure-A FIR and all further proceedings based on it as against the petitioners, can be quashed In the result, this Crl.M.C is allowed and Annexure-A Final Report in Crime No.652 of 2014 of Thrissur East Police Station and all further proceedings based on it as against the petitioners, are hereby quashed.

Sd/- B.KEMAL PASHA JUDGE AD/29/10/15