Lijikumar vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 15, 2019

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Citation: sooperkanoon.com/1880749
Court: Kerala High Court
Judge: Honourable Mr. Justice K.Abraham Mathew
Decided On: Jan 15, 2019
Case Number: Crl.MC/4734/2017

Parties & Advocates

Appellant / Petitioner

Lijikumar

Respondent

State of Kerala

Excerpt

.....4734 of 2017 is the second accused in cc no. 778 of 2017 on the file of the judicial first class magistrate court, kalamassery. the first petitioner in crl.m.c. no. 6955 of 2017 is now no more. the petitioners allegedly committed the offences under sections 120b, 406, 419, 420, 424, 425, 463, 464 & 465 of the indian penal code. it is submitted that the matter has been settled between the petitioners and the victim, who is the third respondent in both cases.3. heard the learned counsel for the petitioners ..6.. and the third respondent and the learned public prosecutor.4. there were civil disputes between the parties.all the disputes between them were settled at mediation held at the ernakulam mediation centre. the settlement was acted upon by the civil court and the suits were disposed of on the basis of the settlement. annexure a2 in crl.m.c. no. 4734 of 2017 is the copy of the settlement. clause 5 says that the criminal case between the parties pending in the court of judicial first class magistrate, kalamassery also has been settled and the third respondent has no objection to the proceedings being quashed. unfortunately, the number mentioned in it is not the correct one. instead of cc no. 778 of 2017 it is written as cc no. 311 of 2008. that was the number of the case when it was pending in the court of the judicial first class magistrate, aluva, from ..7.. where it was transferred to the court at kalamassery. i am satisfied that the matter has been settled between the parties and no public interest is involved. there is no legal impediment for allowing the petitions. in the result, these crl.m.c.s are allowed. the proceedings in cc no. 778 of 2017 on the file of the judicial first class magistrate court, kalamassery are quashed.sd/- k.abraham mathew judge bka/16.01.2019 ..8.. appendix of crl.mc 4734/2017 petitioner's/s exhibits: annexure a1 certified copy of the final report in cc 778/17 of judicial first class magistrate court, kalamassery. annexure.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 15TH DAY OF JANUARY 2019 / 25TH POUSHA, 1940 Crl.MC.No. 4734 of 2017 CC 778/2017 OF JMFC, KALAMASSERY PETITIONER/S: LIJIKUMAR AGED 47, S/O LATE. VELU, KADAPPILLY HOUSE, MAMANGALAM KARA, EDAPPALLY SOUTH VILLAGE, KANAYANNOR TALUK. BY ADVS. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM SRI.N.RAJESH RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.682031. 2 THE SUB INSEPCTOR OF POLICE KALAMASSERY POLICE STATION, KALAMASSERY PO. 3 UDAYAKUMAR AGED 58, S/O LATE.VELU, KADAPPILLY PARAMBIL HOUSE, POWER HOUSE EXTENSION ROAD, PALARIVATTOM, ERNAKULAM.682025. ..2.. 4 N.G SURENDRAN AGED 62, S/O GOVINDAN, USHUS, SANKARANANDASRAMAM ROAD, AYYAPPANKAVU, ERNAKULAM.682018. 5 SIVADASAN S/O SREEDHARAN, THOTTAPPILLYPARAMBIL,VADAKKUMBHAGOM KARA, EDAPPALLY, ERNAKULAM.682024., 6 CHANDRIKA AGED 55, W/O SURENDRAN, USHUS, SANKARANDASRAMAM ROAD, AYYAPANKAVU, ERNAKULAM.682018. BY ADVS. ADV. SHERRY J.THOMAS SRI.HARIDAS P.NAIR SMT.B.SABITHA (DESOM) SMT.K.L.SREEKALA SRI.KRISHNADAS P. NAIR SRI.K.R.RAMESH SRI.M.A.VINOD
OTHER PRESENT: SRI C S HRITHWIK SR PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15.01.2019, ALONG WITH Crl.MC.6955/2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ..3..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY ,THE 15TH DAY OF JANUARY 2019 / 25TH POUSHA, 1940 Crl.MC.No. 6955 of 2017 CC 778/2017 OF JMFC, KALAMASSERY CRIME NO. 391/2010 OF KALAMASSERY POLICE STATION, ERNAKULAM PETITIONER/S:
1 N.G.SURENDRAN AGED 62 YEARS, S/O GOVINDAN, USHUS, SANKARANANDASRAMAM ROAD, AYYAPPANKAVU,ERNAKULAM DISTRICT. 2 SIVADASAN S/O SREEDHARAN, THOTTAPPILLYPARAMBIL,VADAKKUMBHAGAM KARA, EDAPPALLY, ERNAKULAM DISTRICT. 3 CHANDRIKA AGED 55 YEARS, W/O SURENDRAN, USHUS,SANKARANANDASRAMAM ROAD, AYYAPPANKAVU, ERNAKULAM DISTRICT. BY ADVS. SRI.KRISHNADAS P. NAIR SMT.B.SABITHA (DESOM) SMT.K.L.SREEKALA SRI.HARIDAS P.NAIR ..4..
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2 THE STATION HOUSE OFFICER KALAMASSERY POLICE STATION, KALAMASSERY PO,ERNAKULAM DISTRICT. 3 UDAYAKUMAR AGED 58 YEARS, S/O LATE. VELU, KADAPPILLY PARAMBIL HOUSE,POWER HOUSE EXTENSION ROAD, PALARIVATTOM,ERNAKULAM-682025. 4 LIJIKUMAR AGED 47 YEARS, S/O LATE VELU, KADAPPILLY HOUSE, MAMANGALAM KARA,EDAPPALLY SOUTH VILLAGE, KANAYANNOOR TALUK,ERNAKULAM DISTRICT. BY ADVS. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.V.RAJENDRAN (PERUMBAVOOR)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15.01.2019, ALONG WITH Crl.MC.4734/2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ..5.. ------------------------------------ Crl.MC NOS. 4734 & 6955 OF 2017 ------------------------------------

ORDER

Petitions filed under Section 482 Cr.P.C.

2. Petitioners in Crl.M.C. No. 6955 of 2017 are

accused 1, 3 & 4 and the petitioner in Crl.M.C. No. 4734 of 2017 is the second accused in CC No. 778 of 2017 on the file of the Judicial First Class Magistrate Court, Kalamassery. The first petitioner in Crl.M.C. No. 6955 of 2017 is now no more. The petitioners allegedly committed the offences under Sections 120B, 406, 419, 420, 424, 425, 463, 464 & 465 of the Indian Penal Code. It is submitted that the matter has been settled between the petitioners and the victim, who is the third respondent in both cases.

3. Heard the learned counsel for the petitioners ..6.. and the third respondent and the learned Public Prosecutor.

4. There were civil disputes between the parties.

All the disputes between them were settled at mediation held at the Ernakulam Mediation Centre. The settlement was acted upon by the civil court and the suits were disposed of on the basis of the settlement. Annexure A2 in Crl.M.C. No. 4734 of 2017 is the copy of the settlement. Clause 5 says that the criminal case between the parties pending in the Court of Judicial First Class Magistrate, Kalamassery also has been settled and the third respondent has no objection to the proceedings being quashed. Unfortunately, the number mentioned in it is not the correct one. Instead of CC No. 778 of 2017 it is written as CC No. 311 of 2008. That was the number of the case when it was pending in the Court of the Judicial First Class Magistrate, Aluva, from ..7.. where it was transferred to the court at Kalamassery. I am satisfied that the matter has been settled between the parties and no public interest is involved. There is no legal impediment for allowing the petitions. In the result, these Crl.M.C.s are allowed. The proceedings in CC No. 778 of 2017 on the file of the Judicial First Class Magistrate Court, Kalamassery are quashed.

Sd/- K.ABRAHAM MATHEW JUDGE Bka/16.01.2019 ..8.. APPENDIX OF Crl.MC 4734/2017 PETITIONER'S/S EXHIBITS: ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN CC 778/17 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KALAMASSERY. ANNEXURE A2 TRUE COPY OF THE MEMORANDUM OF AGREEMENT DATED 20.7.16 OF ERNAKULAM MEDIATION CENTRE. ANNEXURE A3 TRUE COPY OF THE COMMON JUDGMENT IN O.S NO.568/09 726/09 AND 727/10 OF SUB COURT ERNAKULAM. ..9.. APPENDIX OF Crl.MC 6955/2017 PETITIONER'S/S EXHIBITS: ANNEXURE A THE TRUE COPY OF THE FIR IN CRIME NO.391/2010 OF KALAMASSERY POLICE STATION DATED 4.3.2010. ANNEXURE B THE TRUE COPY OF THE FINAL REPORT IN CRIME NO. 391/2010 OF KALAMASSERY POLICE STATION DATED 26.3.2016. ANNEXURE C THE TRUE COPY OF THE COMMON ORDER IN O.S NO.726/2010 AND O.S NO. 727/2010 AND O.S NO.568/2009 OF SUB COURT ERNAKULAM, DATED 30.7.2016. ANNEXURE D THE TRUE COPY OF AGREEMENT DATED 20.07.2016

Same Court & Year Kerala · 2019 Same Parties Lijikumar vs State of Kerala Same Judge Honourable Mr. Justice K.Abraham Mathew