Vijayakumar, vs Satheesh

Type Court Judgment Court Kerala Decided Jul 29, 2021

~3 min read

https://sooperkanoon.com/case/1654496

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1654496
Court: Kerala High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: Jul 29, 2021
Case Number: Crl.MC/3161/2021

Parties & Advocates

Appellant / Petitioner

Vijayakumar,

Respondent

Satheesh

Excerpt

.....in crime no.364/2011 of alathur police station, which is presently pending as c.c.no.575/2019 on the files of the judicial first class magistrate court-i, alathur for having allegedly committed the offences punishable under sections 415 and 420 of the i.p.c. the petitioner was not initially made an accused in the crime and during the trial it was revealed that he has also involvement in the case, and consequently, he was implicated as an accused under section 319 of the cr.p.c.2. the de facto complainant is the 1st respondent herein. the petitioner states that the matter has been settled with the de facto complainant and that the entireproceedings against him may be quashed. the 1st respondent has also appeared through a counsel and filed an affidavit at annexure-b stating that he has no grievance against the petitioner and that the entire proceedings against him may be quashed.3. the learned public prosecutor has also gotinstructions regarding the genuineness of the settlement. there is no public interest involved. the petitioner has also no other criminal antecedents. resultantly, the crl.m.c. is allowed and the entire proceedings as against the petitioner in crime no.364/2011 of alathur police station, now pending as c.c.no.575/2019 on the files of the judicial first class magistrate court-i, alathur, shall stand quashed under section 482 of cr.p.c. and the petitioner is discharged and set at liberty. sd/- ashok menon judge dkr appendix of crl.mc 3161/2021 petitioner annexure annexure a certified copy of the final reprot in c.c. no. 575 of 2019 on the file of the court of judicial first class magistrate -i, alathur. annexure b affidavit sworn by the ist respondent herein evidencing the aforesaid factum of settlement.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON THURSDAY, THE 29TH DAY OF JULY 2021 / 7TH SRAVANA, 1943 CRL.MC NO. 3161 OF 2021 CRIME NO.364/2011 OF ALATHUR POLICE STATION, PALAKKAD AGAINST THE ORDER/JUDGMENT IN CC 575/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS,ALATHUR, PALAKKAD PETITIONER/S: VIJAYAKUMAR, AGED 53 YEARS S/O. NARAYANA KURUP, KALARIKKAL HOUSE, KANNANNUR P.O. AAYANKALLAM, MALAPPURAM. BY ADV V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT/S: 1 SATHEESH AGED 39 YEARS S/O. RAJAMANI. C.K.M. HOUSE KILIYALLUR, CHERAMANGALAM P.O. MELARKODE PANCHAYAT, PALAKKAD - 678 703. 2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. R1 BY ADV UNNI SEBASTIAN KAPPEN R2 BY SRI.C.S.HRITHWIK-SR.PP OTHER PRESENT: THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R

Dated this the 29th day of July 2021 The petitioner is an accused in Crime No.364/2011 of Alathur Police Station, which is presently pending as C.C.No.575/2019 on the files of the Judicial First Class Magistrate Court-I, Alathur for having allegedly committed the offences punishable under Sections 415 and 420 of the I.P.C. The petitioner was not initially made an accused in the crime and during the trial it was revealed that he has also involvement in the case, and consequently, he was implicated as an accused under Section 319 of the Cr.P.C.

2. The de facto complainant is the 1st respondent herein. The petitioner states that the matter has been settled with the de facto complainant and that the entire

proceedings against him may be quashed. The 1st respondent has also appeared through a Counsel and filed an Affidavit at Annexure-B stating that he has no grievance against the petitioner and that the entire proceedings against him may be quashed.

3. The learned Public Prosecutor has also got

instructions regarding the genuineness of the settlement. There is no public interest involved. The petitioner has also no other criminal antecedents. Resultantly, the Crl.M.C. is allowed and the entire proceedings as against the petitioner in Crime No.364/2011 of Alathur Police Station, now pending as C.C.No.575/2019 on the files of the Judicial First Class Magistrate Court-

I, Alathur, shall stand quashed under Section 482 of Cr.P.C. and the petitioner is discharged and set at liberty. Sd/- ASHOK MENON JUDGE dkr APPENDIX OF CRL.MC 3161/2021 PETITIONER ANNEXURE Annexure A CERTIFIED COPY OF THE FINAL REPROT IN C.C. NO. 575 OF 2019 ON THE FILE OF THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE -I, ALATHUR. Annexure B AFFIDAVIT SWORN BY THE IST RESPONDENT HEREIN EVIDENCING THE AFORESAID FACTUM OF SETTLEMENT.

Same Court & Year Kerala · 2021 Same Parties Vijayakumar, vs Satheesh Same Judge Honourable Mr. Justice Ashok Menon