← Library
High Court of KeralaCrl.MC/7480/2015allowed

Sara Joseph @ Saramma Joseph v. The State Of Kerala

2015-12-10Honourable Mr. Justice B.Kemal Pasha5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 10TH DAY OF DECEMBER 2015/19TH AGRAHAYANA, 1937 CC.NO.2618/2014 OF JUDICIAL FIRST CLASSS MAGISTRATE'S COURT-1, KOCHI CRIME NO. 128/2014 OF KANNAMALI POLICE STATION, ERNAKULAM ...........

PETITIONER(S)/ACCUSED 1 TO 5:

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

1. SARA JOSEPH @ SARAMMA JOSEPH, AGED 65 YEARS, W/O.JOSEPH, RESIDING AT KOCHUTHADATHIL HOUSE, KUTHIRAKOORKARI DESOM, PALLURUTHY VILLAGE, ERNAKULAM DISTRICT.

2. JANCY, W/O.FRANKO, RESIDING AT KOCHUTHADATHIL HOUSE, KUTHIRAKOORKARI DESOM, PALLURUTHY VILLAGE, ERNAKULAM DISTRICT.

3. ELSY, W/O.VARGHESE, RESIDING AT KOCHUTHADATHIL HOUSE, KUTHIRAKOORKARI DESOM, PALLURUTHY VILLAGE, ERNAKULAM DISTRICT.

4. LISSY WILLIAM, W/O.WILLIAM, RESIDING AT VALIYAVEETTIL, KUTHIRAKOORKARI DESOM, PALLURUTHY VILLAGE, ERNAKULAM DISTRICT.

5. JINOY, S/O.JOSEPH, RESIDING AT KOCHUTHADATHIL HOUSE, KUTHIRAKOORKARI DESOM, PALLURUTHY VILLAGE, ERNAKULAM DISTRICT.

BY ADVS.SRI.T.MADHU SRI.B.S.SURAJ KRISHNA msv/ -2-

-2RESPONDENT(S)/STATE:

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

1. THE STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, KANNAMALY POLICE STATION, ERNAKULAM DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

2. N.D.PONNAN, AGED 41 YEARS, S/O.DOMINIC, RESIDING AT NARANGATHARA HOUSE, NEAR LITTLE FLOWER ENGLISH MEDIUM SCHOOL, KUTHIRAKKOORKARI DESOM, KALATHARA, PALLURUTHY VILLAGE, ERNAKULAM DISTRICT-682 006.

R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE R2 BY ADV. SRI.P.R.SHIBU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

APPENDIX PETITIONER(S)' ANNEXURES:

AMMEIXRE A1: THE TRUE CERTIFIED COPY OF THE FIR IN CRIME NO.128/2014 OF KANNAMALY POLICE STATION.

ANNEXURE A2: THE TRUE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.128/2014 OF KANNAMALY POLICE STATION.

ANNEXURE A3: THE AFFIDAVIT DTD.25.11.2015 SWORN IN BY THE 2ND RESPONDENT. RESPONDENT(S)' ANNEXURES:

NIL //TRUE COPY// P.S.TO JUDGE Msv/

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` Crl.M.C. No.7480 of 2015 ````````````````````````````````````````````````````````````` Dated this the 10th day of December, 2015

O R D E R

~ ~ ~ ~ ~ ~ Petitioners are the accused in CC No.2618/2014 of the Judicial First Class Magistrate's Court-I, Kochi, which has arisen from Crime No.128/2014 of Kannamaly Police Station for the offences punishable under Sections 447, 448, 506, 294(b), 406 and 420 read with Section 34 IPC. 2.

It seems that the matter has been amicably settled between the petitioners and the de facto complainant, who is the 2nd respondent herein. 3.

The 2nd respondent has filed Annexure-A3 affidavit affirming that the matter has been amicably settled between him and the petitioners and presently, he has no complaints against the petitioners. No criminal antecedents

Crl.M.C.7480/2015 : 2 :

have been reported against the petitioners. No purpose would be served in proceeding with the matter further. Matters being so, all further proceedings against the petitioners in CC No.2618/2014 of the Judicial First Class Magistrate's Court-I, Kochi, which has arisen from Crime No.128/2014 of Kannamaly Police Station, can be quashed. In the result, this Crl.M.C. is allowed and all further proceedings against the petitioners in CC No.2618/2014 of the Judicial First Class Magistrate's Court-I, Kochi, which has arisen from Crime No.128/2014 of Kannamaly Police Station, are quashed.

Sd/- (B.KEMAL PASHA, JUDGE) aks/11/12 // True Copy // PA to Judge