Anjali Kiyumanthody v. George Kakkanttu Varkey

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 17TH DAY OF DECEMBER 2015/26TH AGRAHAYANA, 1937 CRIME NO. 182/2015 OF CHEVAYUR POLICE STATION , KOZHIKODE PETITIONER(S)/ACCUSED NO.2, 1 AND 3 TO 5:

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1. ANJALI KIYUMANTODY, AGED 39 YEARS W/O.GOKULDAS, DOOR NO.6157D SREELAKAM, CHANDAPARAMBA CHEVAYUR, KOZHIKODE-673 017.

2. GOKULDAS K., AGED 42 YEARS S/O.GOPALAKRISHNAN, DOOR NO.6157D SREELAKAM CHANDAPARAMBA, CHEVAYUR, KOZHIKODE-673 017.

3. NJANAKUMARI, AGED 62 YEARS W/O.UNNIMADHAVAN, KIYAMANTHODI, PANTHEERAMKAVU PUTHOORMADAM PO, KOZHIKODE-673 019.

4. SUJITHKUMAR, AGED 40 YEARS CHARTERED ACCOUNTANT, S/O.GOVINDAN T.N., NANDANAM P.T.USHA ROAD JUNCTION, KANNUR ROAD KOZHIKODE-673 002.

5. P.M.ABDUL SAMEER COMPANY SECRETARY, AASHIK SAMEER ASSOCIATES H.NO.19/2300, CHEMBAKA HOUSING COLONY POTTAMMAL JUNCTION, KOZHIKODE-673 016.

BY ADV. SMT.K.LASITHA RESPONDENT(S)/DEFACTO COMPLAINANT, EFFECTED PARTIES AND STATE.: --------------------------------------------------------------------------------------------------------------

1. K.V.GEORGE, AGED 58 YEARS S/O.VARKEY, KAKKANAD HOUSE, MALAPARAMB HOUSING COLONY MALAPARAMBA, KOZHIKODE-673 009.

2. SREEJITH K., AGED 43 YEARS S/O.K.NARAYANAN NAIR, SREERANG HOUSE, KOYAPPURAM EAST VELLIMADU KUNNU, MERIKUNNU POST KOZHIKOE-673 012.

3. K.SREENARAYANAN NAIR, AGED 75 YEARS S/O.KRISHNAN NAIR, SREERANG HOUSE, KOYAPPURAM EAST VELLIMADU KUNNU, MERIKUNNU POST KOZHIKOE-673 012.

4. TINJU P.MOHANAN, AGED 28 YEARS S/O.MOHAN, NIRMALYAM HOUSE, CHEVAYUR PO KOZHIKODE-673 017.

5. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

R1,4 BY ADV. SMT.K.MEKHA DINESH R BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE A1 : CERTIFIED COPY OF THE COMPLAINT FILED BY THE DEFACTO COMPLAINANT BEFORE THE KUNNAMANGALAM JFCM.

ANNEXURE A2 : THE CERTIFIED COPY OF THE FIR OF THE CRIME NO.182/2015 OF CHEVAYUR POLICE STATION.

ANNEXURE A3 : AFFIDAVIT OF RESPONDENT NO.1.

ANNEXURE A4 : TRUE COPY OF THE AGREEMENT BETWEEN THE RESPONDENT NO.1 AND THE 1ST PETITIONER.

ANNEXURE A5 : THE JOINT AFFIDAVIT OF RESPONDENT NO.2 AND 3 ANNEXURE A6 : THE TRUE COPY OF THE AGREEMENT BETWEEN THE 1ST PETITIONER AND THE RESPONDENTS NO.2 AND 3.

ANNEXURE A7 : THE AFFIDAVIT OF THE RESPONDENT NO.4. ANNEXURE A8 : THE TRUE COPY OF THE AGREEMENT BETWEEN THE 1ST PETITIONER AND THE RESPONDENT NO.4.

RESPONDENT(S)' EXHIBITS : NIL --------------------------------------- // True Copy // PA to Judge

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` Crl.M.C. No.7810 of 2015 ````````````````````````````````````````````````````````````` Dated this the 17th day of December, 2015

O R D E R

~ ~ ~ ~ ~ ~ The petitioners are the accused in Crime No.182/2015 of Chevayur Police Station, registered for the offences punishable under Sections 420, 465, 467, 468, 471 and 120(b) read with Section 34 IPC.

2.

It seems that the matter has been amicably settled between the parties.

3.

The de facto complainant, who is the 1st respondent herein, and the other affected persons, who are respondents 2 to 4, have filed affidavits affirming that the matter has been amicably settled between them and the petitioners and presently, they have no complaints against the petitioners. When the matter has been amicably settled between the parties, no purpose would be served in

Crl.M.C.7810/2015 : 2 :

proceeding with the matter any further. Matters being so, all further proceedings in Annexure-A2 First Information Report in Crime No.182/2015 of Chevayur Police Station can be quashed.

In the result, this Crl.M.C. is allowed and all further proceedings as against the petitioners in Annexure-A2 First Information Report in Crime No.182/2015 of Chevayur Police Station are quashed.

Sd/- (B.KEMAL PASHA, JUDGE) aks/17/12 // True Copy // PA to Judge