Sudheer V.K v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 14TH DAY OF JANUARY 2015/24TH POUSHA, 1936 Crl.MC.No. 6174 of 2014 ------------------------ IN CC 372/2014 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KUTHUPARAMBA CRIME NO. 419/2013 OF PERAVOOR POLICE STATION , KANNUR PETITIONERS/ACCUSED NO.1 TO 3:
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1. SUDHEER V.K, AGED 41 YEARS, S/O. PADMANABHAN, VADAKKEKARAMMAL HOUSE, MADAPPURACHAL, MANATHANA AMSOM, MANATHANA P.O., KANNUR DISTRICT PIN-670674.
2. RAMESAN V.V, AGED 39 YEARS, S/O. ACHUTHAN, VAZHAVALAPPIL HOUSE, PATTYAM AMSOM, KOTTAYODI, MANATHANA P.O., KANNUR DISTRICT, PIN-670674.
3. SANTHOSH, AGED 35 YEARS, S/O. MATHEW, KUTTIKKANDATHIL HOUSE, KANICHAR AMSOM, CHANAPPARA, KANICHAR P.O., KANNUR DISTRICT PIN-670674.
BY ADVS.SRI.ABU MATHEW SRI.AJU MATHEW SRI.ABHILASH MATHOOR RESPONDENTS/COMPLAINANT AND DEFACTO COMPLAINANT: -----------------------------------------------
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.
2. JAISON, AGED 43 YEARS, S/O. JOSEPH, KIZHAKKEDATH HOUSE, KANICHAR DESOM, MANATHANA AMSOM, ANANGODE, MANATHANA P.O, IRITTY TALUK, KANNUR DISTRICT, PIN-670674.
R2 BY ADV. SRI.VINUCHAND R1 BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 6174 of 2014 ------------------------ APPENDIX PETITIONERS' ANNEXURES:
----------------------- ANNEXURE A1- CERTIFIED COPY OF THE FIR DATED 16-08-2013 IN CRIME NO. 419 OF 2013 OF PERAVOOR POLICE STATION AND FINAL REPORT SUBMITTED IN C.C.NO. 372 OF 2014 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KUTHUPARAMBA.
ANNEXURE A2- ORIGINAL AFFIDAVIT EXECUTED BY THE DEFACTO COMPLAINANT.
RESPONDENTS' ANNEXURES:
----------------------- NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.6174 of 2014 --------------------------------------- Dated this the 14th day of January, 2015 O R D E R The petitioners herein are the three accused in C.C No.372/2014 of the Judicial First Class Magistrate Court, Kuthuparamba. The offences involved are under Sections 363 and 392 r/w 34 of the Indian Penal Code. The defacto complainant who made complaint in this case is one Jaison. The petitioners now seek orders quashing the prosecution as against them on the ground that they and the defacto complainant have amicably settled the dispute out of court. The defacto complainant Jaison is the second respondent in this proceeding. He has filed affidavit to the effect that he has settled the whole dispute with the accused, and he has no complaint or grievance now.
It is submitted that the accused and the complainant are close friends, and the complaint happened to be made on some misapprehension. I am well satisfied that there is a real and genuine settlement between the parties, and now they are on quite cordial terms.
Crl.M.C No.6174 of 2014 other than wasting the precious time of the court. Nobody will support the prosecution if the case against the petitioners goes to trial.
In the result, this Criminal Miscellaneous Case is allowed. The prosecution against the petitioners herein in C.C No.372/2014 before the Judicial First Class Magistrate Court, Kuthuparamba, will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioners will stand released from prosecution, and the bail bond, if any, executed by them will stand discharged.
P.UBAID JUDGE ab