Padmanabhan v. Sub Inspector Of Police
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 27TH DAY OF JANUARY 2015/7TH MAGHA, 1936 Crl.MC.No. 6512 of 2014 () --------------------------- LP.NO. 4/1987 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - I, OTTAPPALAM CRIME NO. 7/1986 OF CHERPPULASSERY POLICE STATION , PALAKKAD DISTRICT ---------------- PETITIONER/ACCUSED:
------------------------------------- PADMANABHAN, S/O GOPALAKURUP, AGED 84 YEARS, PUTHUR HOUSE, MARUTHONKARA AMSOM,DESOM, VATAKARA TALUK, KOZHIKODE DIST. PIN:673 513.
BY ADV. SRI.U.P.BALAKRISHNAN RESPONDENTS/STATE:
----------------------------------------
1. SUB INSPECTOR OF POLICE, CHERPULASSERY POLICE STATION, CHERPULASSERY P.O., PALAKKAD DISTRICT, PIN:679 503.
2. VASANTHI, D/O KUBERAN NAMBOOTHIRI, AGED 51 YEARS, KUNNATH MANAKKAL,CHERPPULASSERUY, OTTAPPALAM TALUK, PALAKKAD DISTRICT, PIN:679 503.
3. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN:682 031. R1 & R3 BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH R2 BY ADV. SRI.C.H.ABDUL RASAC THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts
Crl.MC.No. 6512 of 2014 () -------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:
--------------------------------------------- ANNEX I:
THE TRUE COPY OF THE FIR 7/86 DATED 7.1.1986 IN CRIME NO.7/1986 OF CHERPULASSERY POLICE STATION.
ANNEX II:
THE TRUE COPY OF THE FINAL REPORT DATED 30.6.1986 IN CRIME NO.7/1986 OF CHERPPULASSERY POLICE STATION.
ANNEX III:
AFFIDAVIT SWORN IN BY THE DEFACTO-COMPLAINANT RESPONDENT(S)' ANNEXURES ;
NIL /TRUE COPY/ P.S.TO.JUDGE sts
B.KEMAL PASHA, J.
................................................................ CRL. M.C. No.6512 of 2014 ............................................................... Dated this the 27th day of January, 2015
O R D E R
Petitioner, who is the accused in Crime No.7/1986 of the Cherppulassery Police Station, presently pending as L.P.No.4/1987 of the Judicial First Class Magistrate's Court, Ottappalam for the offence punishable under Section 420 IPC, has come up under Section 482 Cr.P.C. for getting all the proceedings against him in the said L.P., quashed. 2.
The allegation against the petitioner is that he had cheated and defrauded the defacto complainant by offering a job as nursery teacher on a monthly salary of ₹300 and obtained an amount of ₹2,500/-. It is alleged that she has lost the job and the money was not returned. 3.
Heard both sides.
CRL.M.C.No.6512 of 2014 -: 2 :- 4.
According to the petitioner, the matter has been amicably settled between him and the defacto complainant and presently the defacto complainant has no complaints against the petitioner. The defacto complainant is impleaded as the second respondent. The second respondent has also entered appearance and filed a detailed affidavit stating that the matter has been amicably settled between her and the petitioner and therefore, she has no complaints against the petitioner at present. The learned counsel for the second respondent submits that the affidavit has been sworn in by the second respondent on her own volition. When the matter has been amicably settled between the parties, it is only just and proper in the interest of justice to quash the proceedings against the petitioner in the above said L.P.
In the result, this Crl.M.C. is allowed and all further proceedings in Crime No.7/1986 of the Cherppulassery Police Station, presently pending as L.P.No.4/1987 of the
CRL.M.C.No.6512 of 2014 -: 3 :- Judicial First Class Magistrate's Court, Ottappalam, are hereby quashed.
Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge