Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946 CRL.MC NO. 4067 OF 2024 CRIME NO.85/2017 OF Eloor Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.616 OF 2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KALAMASSERY PETITIONERS/ACCUSED NO. 1 TO 4: 1 SAMSON AGED 31 YEARS S/O. STEPHEN T A, THARAYIL HOUSE, MAMANGALAM, PALARIVATTOM P.O, ERNAKULAM DISTRICT, PIN - 682025 2 CHARLSON AGED 29 YEARS S/O. STEPHEN T A, THARAYIL HOUSE, MAMANGALAM, PALARIVATTOM P.O, ERNAKULAM DISTRICT, PIN - 682025 3 NITHIN AGED 36 YEARS S/O. GEORGE, PALLINJALIL HOUSE, KAITHARAM KARA, KOTTUVALLI VILLAGE, NORTH PARAVOOR, ERNAKULAM DISTRICT, PIN - 683519 4 NAIJAN AGED 38 YEARS S/O. XAVIER, PALAKKAPARAMBU HOUSE, MATHIRAPPILLI LANE, CHERANALLOOR VILLAGE, ERNAKULAM DISTRICT, PIN - 683544 BY ADVS. VIPIN VARGHESE T.U.SUJITH KUMAR RESPONDENTS/STATE & DEFACTO COMPLAINANTS: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM DISTRICT, PIN - 682031 2 RATHEESH AGED 43 YEARS S/O. RAPHEL, NADUVILATHARA HOUSE, EDAKKOCHI VILLAGE, PALLURUTHY, ERNAKULAM DISTRICT, PIN - 682006 3 SUNI AGED 37 YEARS W/O. RATHEESH, NADUVILATHARA HOUSE, EDAKKOCHI VILLAGE, PALLURUTHY, ERNAKULAM DISTRICT, PIN - 682006
BY ADV M P PRASANTH - PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Dated this the 12th day of June, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash the proceedings in C.C No.616/2017 pending on the files of the Judicial First Class Magistrate Court, Kalamassery.
2. Heard the learned counsel for the petitioner, the learned counsel appearing for the de facto complainant and the learned Public Prosecutor.
3. In this matter, offences punishable under Sections 452, 324, 294(b), 506(ii) and 427 r/w Section 34 of IPC are alleged to have been committed by the accused.
4. It is submitted that the matter has been amicably settled and the de facto complainant filed affidavit in this regard.
5. The learned Public Prosecutor also submitted that the matter has been settled between the parties and statement of the de facto complainant to that effect has been recorded.
6. Since the dispute has been settled in between
the parties there is no reason to disallow the prayer for quashment, so as to facilitate peaceful living of the parties hereinafter. Therefore, in the interest of justice, I am inclined to allow this petition. In the result, this petition stands allowed and the proceedings in C.C No.616/2017 pending on the files of the Judicial First Class Magistrate Court, Kalamassery stand quashed. Sd/- A. BADHARUDEEN JUDGE MSA APPENDIX OF CRL.MC 4067/2024 PETITIONER ANNEXURES Annexure-A1 A CERTIFIED COPY OF THE CHARGE SHEET DATED 25.01.2017 IN C.C NO. 616/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KALAMASSERY. Annexure-A2 ORIGINAL OF THE AFFIDAVIT SWORN INTO BY THE SECOND RESPONDENT SIGNED DATED 27.04.2024. Annexure-A3 ORIGINAL OF THE AFFIDAVIT SWORN INTO BY THE THIRD RESPONDENT SIGNED DATED 27.04.2024.