Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN TUESDAY,THE26H DAY OF NOVEMBER20135TH AGRAHAYANA, 1935 Crl.MC.No. 5542 of 2013 () --------------------------- CC.NO. 416/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHANGANACHERRY CRIME NO. 1503/2012 OF CHANGANACHERRY POLICE STATION , KOTTAYAM ------------------------------------------ PETITIONER/ACCUSED: ------------------------------------- TIJO, AGED30YEARS, S/O GEORGEKUTTY, NEDUMCHIRAYIL HOUSE, VADAKKAKKARA, VEROORKARA, CHETHIPUZHA VILLAGE, CHANGANACHERRY. BY ADVS.SRI.K.SHAJ SRI.SAJJU.S SMT.ANJU MOHAN RESPONDENTS/STATE, CW1 AND CW2: ------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.PIN-682 031 2. SELIN JOSE,AGED49YEARS, W/O JOSE, KUNNIPARAMBIL VEEDU, VADAKKAKARA, CHETHIPUZHA, CHANGANACHERRY.PIN-686 104 3. NEETHU JOSE,AGED26YEARS, D/O SELIN JOSE, KUNNIPARAMBIL VEEDU, VADAKKAKARA, CHETHIPUZHA, CHANGANACHERRY.PIN-686 104 R1 BY PUBLIC PROSECUTOR SMT. P. MAYA R2 BY ADV. SRI.SERGI JOSEPH THOMAS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON2611-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts Crl.MC.No. 5542 of 2013 () ---------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES: ---------------------------------------------- ANNEX A1 : THE TRUE COPY OF THE CHARGE SHEET IN CC NO.416/2013 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT CHANGANACHERRY ANNEX A2 : AN AFFIDAVIT SWORN BY THE SECOND RESPONDENT STATING THE SETTLEMENT OF ALL THE DISPUTES ANNEX A3 : AN AFFIDAVIT SWORN BY THE THIRD RESPONDENT STATING THE SETTLEMENT OF ALL DISPUTES RESPONDENT(S)' ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts P.BHAVADASAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 5542 of 2013 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of November, 2013 ORDER
This is a petition filed under Section 482 of Cr.P.C. seeking to have all further proceedings in C.C.No. 416 of 2013 on the file of Judicial First Class Magistrate's Court, Changanacherry quashed.
2. The petitioner stands accused of having committed the offences punishable under Sections 451, 294 (b), 324, 354 and 506(i) of IPC.
3. It is unnecessary to go into the facts and details of the case for the simple reason that this petition can be disposed of on a short ground.
4. The petitioner has impleaded the defacto complainant and the victim as respondents 2 and 3 who have entered appearance through a counsel and the learned counsel appearing for the respondents 2 and 3 has accepted that the Annexures A2 and A3 affidavits produced along with Crl.M.C. No. 5542 of 2013 -2- the petition are sworn to by respondents 2 and 3 respectively and they stand by the statements contained therein.
5. On going through the affidavit so filed, it is seen that the disputes and differences between the parties have been amicably settled and they have no further issues remain to be resolved. It is further pointed out that respondents 2 and 3 have no intention to continue with the proceedings. Under such circumstances, it is felt that continuance of proceedings will be only an exercise in futility. Therefore, this petition is allowed. All further proceedings in C.C.No. 416 of 2013 on the file of Judicial First Class Magistrate's Court, Changanacherry including the final report based on which the cognizance was taken shall stand quashed and the petitioner shall stand discharged. P.BHAVADASAN JUDGE ds