Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL TUESDAY, THE 28TH DAY OF SEPTEMBER 2021 / 6TH ASWINA, 1943 CRL.MC NO. 3713 OF 2021 IN CC 599/2018 OF JUDL. MAGISTRATE OF FIRST CLASS, KOTHAMANGALAM, ERNAKULAM IN F.I.R.NO. 1869/2018 PETITIONERS/ACCUSED 2,3 AND 4: 1 BASIL P ELDHOSE AGED 32 YEARS S/O. LATE ELDHOSE, KARUKADAM KARAYIL PARAKKAL HOUSE, KOTHAMANGALAM VILLAGE. 2 K.P. JOY AGED 57 YEARS S/O. PAILY, KOODAKKATTU HOUSE, KOTHAMANGALAM VILLAGE, 3 M.V JOSEPH AGED 62 YEARS S/O. VARKEY, MANGATTU HOUSE, KOTHAMANGALAM VILLAGE, BY ADV TOMS MATHEW RESPONDENTS/STATE OF KERALA AND COMPLAINANTS: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031. 2 SUB INSPECTOR OF POLICE, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686691. 3 ANAND THOMAS AGED 38 YEARS KARUKADAM KARA - 686691. 4 ABHILASH THOMAS AGED 42 YEARS KARUKADAM KARA - 686691. SRI. HRITHWIK C.S., SENIOR PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.09.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.No. 3713 OF 2021 2
ORDER
Petitioners are accused Nos. 2 to 4 in F.I.R. No. 1689 of 2018 of Kothamangalam police station, which was registered alleging offence punishable under Sections 447, 427, 294 (b) and 34 of the Indian Penal Code on the strength of the F.I.S given by the 3 rd respondent.
2. The respondent Nos. 3 and 4 are siblings; they run a fish
farm jointly. It is alleged that the accused persons, with a common intention to make illegal loss to them, broke the outer mud walls on the side of the protection bund of their fish farm and thus caused loss to the defacto complainant and his brother.
3. On completion of investigation, it is submitted, charge
sheet has been laid before the Judicial First Class Magistrate Court, Kothamangalam, where the case is pending as C.C. No. 599/2018. There are four accused in the crime. During the pendency of the proceedings, the 1st accused, Eldhose.P.U. passed away. Now the petitioners submitted that they have reached a settlement with respondent Nos. 3 and 4. Thus the proceedings are sought to be quashed under Section 482 of the Cr.P.C. Respondent Nos. 3 and 4 Crl.M.C.No. 3713 OF 2021 3 also entered appearance and submitted that they have no objection in quashing proceedings quashing the proceedings.
4. I heard learned counsel for the petitioners and the learned Senior Public Prosecutor.
5. The learned counsel for the petitioners submitted that the
matter has been settled between the parties. In support of the said contention, Annexures D and E affidavits filed by respondents 3 and 4 have been produced before this Court. After going through the materials and hearing counsel on both sides, it is evidently clear that the matter stands settled between the petitioners and respondent Nos. 3 and 4. It was purely a personal dispute between them. Therefore, all the proceedings initiated against the petitioners now pending as C.C. No. 599/2018 on the file of the Judicial First Class Magistrate Court, Kothamangalam are hereby quashed. The Criminal Miscellaneous Case is allowed as above. Sd/- K. HARIPAL JUDGE rps/ Crl.M.C.No. 3713 OF 2021 4 APPENDIX OF CRL.MC 3713/2021 PETITIONER ANNEXURE Annexure A TRUE COPY OF THE FIR NO.1689/2018 DATED 19.06.2018. Annexure B TRUE COPY OF THE STATEMENT GIVEN BY THE 3RD
RESPONDENT DATED 19.06.2018 TO THE 2ND RESPONDENT. Annexure C CERTIFIED COPY OF THE CHARGESHEET DATED 27.06.2018. Annexure D NOTARISED AFFIDAVIT OF THE 3RD RESPONDENT. Annexure E NOTARISED AFFIDAVIT OF THE 4TH RESPONDENT.