Daison vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 29, 2022

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https://sooperkanoon.com/case/1496532

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Citation: sooperkanoon.com/1496532
Court: Kerala High Court
Judge: Honourable Mrs. Justice Mary Joseph
Decided On: Jul 29, 2022
Case Number: Crl.MC/3742/2021

Parties & Advocates

Appellant / Petitioner

Daison

Respondent

State of Kerala

Excerpt

.....the court on the same day passed the following:orderdated this the 29th day of july, 2022 this criminal m.c. is filed under section 482 of the code of criminal procedure, 1973 (for short ‘the cr.p.c.) seeking to quash the final report laid in crime no.1264/2016 of puthencruz police station, certified copy of which is produced alongwith the petition on hand as annexure-a1.2. petitioner is the sole accused in the case on hand.during the pendency of the petition on hand, the parties to it have amicably settled the issues and an affidavit swearing that aspect has been filed by the 2nd respondent who is the de facto complainant in the case. it is also sworn to the effect that he does not intend to proceed with the prosecution any further.3. the learned public prosecutor is directed to obtain asigned statement of the de facto complainant recorded through the jurisdictional sho and he has filed one, wherefrom it is discerned that the affidavit was filed voluntarily and that the 2nd respondent is not intended to pursue with the prosecution any further. in the above circumstances, the crl.m.c. is allowed. the final report as well as sc no.962/2016 registered on the files of court of sessions, ernakulam and all further proceedings initiated pursuant thereto are quashed forthwith. sd/- mary joseph judge mjl appendix of crl.mc 3742/2021 petitioner’s annexures: annexure - ai a certified copy of the fir and final report in crime no.1264/2016 of puthenkurish police station. annexure - aii the affidavit sworn by 2nd respondent dated 29.07.2021. respondents’ annexures: nil // true copy// p a to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE MARY JOSEPH FRIDAY, THE 29TH DAY OF JULY 2022 / 7TH SRAVANA, 1944 CRL.MC NO. 3742 OF 2021 SC No.962/2016 OF DISTRICT & SESSIONS COURT, ERNAKULAM PETITIONER/ACCUSED: DAISON, AGED 44 YEARS, S/O. THANKAPPAN, ARAVINDHIPARAMBIL HOUSE, KODUMBURKARA, THIRUVANIYUR, ERNAKULAM DISTRICT. BY ADV SRI.KARTHIK BHAVADASAN RESPONDENTS/STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE S.I. OF POLICE (CRIME NO.1264/2016), MALAMPUZHA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2 SIVAN V.P. AGED 51 YEARS, S/O. PALLIYAN, VALIYAKAD HOUSE, VANINIRAPPEL HOUSE, KOKKAPPILLYKARA P.O., VANDIPETTA, THIRUVANIYOOR, ERNAKULAM DISTRICT - 682305. R1 BY SENIOR GOVERNMENT PLEADER SRI.RENJITH GEORGE R2 BY ADV.S.VISHNU (TRIPUNITHURA) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 29th day of July, 2022 This Criminal M.C. is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘the Cr.P.C.) seeking to quash the Final Report laid in Crime No.1264/2016 of Puthencruz Police Station, certified copy of which is produced alongwith the petition on hand as Annexure-A1.

2. Petitioner is the sole accused in the case on hand.

During the pendency of the petition on hand, the parties to it have amicably settled the issues and an affidavit swearing that aspect has been filed by the 2nd respondent who is the de facto complainant in the case. It is also sworn to the effect that he does not intend to proceed with the prosecution any further.

3. The learned Public Prosecutor is directed to obtain a

signed statement of the de facto complainant recorded through the jurisdictional SHO and he has filed one, wherefrom it is discerned that the affidavit was filed voluntarily and that the 2nd respondent is not intended to pursue with the prosecution any further. In the above circumstances, the Crl.M.C. is allowed. The final report as well as SC No.962/2016 registered on the files of Court of Sessions, Ernakulam and all further proceedings initiated pursuant thereto are quashed forthwith. Sd/- MARY JOSEPH JUDGE MJL APPENDIX OF CRL.MC 3742/2021 PETITIONER’S ANNEXURES: ANNEXURE - AI A CERTIFIED COPY OF THE FIR AND FINAL REPORT IN CRIME NO.1264/2016 OF PUTHENKURISH POLICE STATION. ANNEXURE - AII THE AFFIDAVIT SWORN BY 2ND RESPONDENT DATED 29.07.2021. RESPONDENTS’ ANNEXURES: NIL // TRUE COPY// P A TO JUDGE

Same Court & Year Kerala · 2022 Same Parties Daison vs State of Kerala Same Judge Honourable Mrs. Justice Mary Joseph