Roymon.T.C. vs State of Kerala

Type Court Judgment Court Kerala Decided Apr 30, 2019

~2 min read

https://sooperkanoon.com/case/1885998

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/1885998
Court: Kerala High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: Apr 30, 2019
Case Number: Crl.MC/2144/2019

Parties & Advocates

Appellant / Petitioner

Roymon.T.C.

Respondent

State of Kerala

Excerpt

.....taluk, kottayam district-686004. by adv. sri.k.anil joseph for r2 other present: smt. k k sheeba, pp this criminal misc. case having come up for admission on 30.04.2019, the court on the same day passed the following: -2-o r d e rthis petition filed under section 482 of the code of criminal procedure is for quashing the proceedings in st no.1194/2018 pending before the judicial first class magistrate court-i, kanjirappally in crime no.321/2018 of mundakkayam police station for offence punishable under section 279 of the indian penal code.2. it is submitted that the matter has been settled betweenthe parties and the defacto complainant has no objection, whatsoever, in quashing the above proceedings and has instructed the learned public prosecutor to that effect.3. when the matter has been amicably settled between theparties, no purpose would be served in proceeding with the matter any further, and all proceedings against the petitioner in st no.1194/2018 pending before the judicial first class magistrate court-i, kanjirappally in crime no.321/2018 of mundakkayam police station, can be quashed.in view of the above, the crl.mc is allowed. the proceedings in st no.1194/2018 pending before the judicial first class -3- magistrate court-i, kanjirappally in crime no.321/2018 of mundakkayam police station is quashed. sd/- ashok menon judge jg -4- appendix petitioner's/s exhibits: annexure a true copy of the fir dated 02/03/2018 annexure b true copy of the final report before the judicial first class magistrate court-i, kanjirappally annexure c true copy of the affidavit dated 5.2.2019. //true copy//

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON TUESDAY, THE 30TH DAY OF APRIL 2019 / 10TH VAISAKHA, 1941 Crl.MC.No. 2144 of 2019 AGAINST THE ORDER/JUDGMENT IN ST 1194/2018 of JUDICIAL MAGISTRATE OF FIRST CLASS -I,KANJIRAPPALLY CRIME NO.321/2018 OF MUNDAKKAYAM POLICE STATION PETITIONER/ACCUSED: ROYMON.T.C. AGED 48 YEARS THACHAKUNNEL HOUSE, ITI JUNCTION BHAGOM, KATTAPPANA.P.O., KATTAPPANA VILLAGE, IDUKKI DISTRICT, PIN-685508. BY ADVS. SRI.BABY THOMAS SMT.MARIAMMA JOSEPH RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031. 2 SUJITH BABY KURIAN S/O.KURIAN, SHUBHANIVAS, MARTHOMA CHURCH BHAGOM, MUNDAKKAYAM KARA, MUNDAKKAYAM VILLAGE, KANJIRAPPALY TALUK, KOTTAYAM DISTRICT-686004. BY ADV. SRI.K.ANIL JOSEPH FOR R2 OTHER PRESENT: SMT. K K SHEEBA, PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -2-

O R D E R

This Petition filed under Section 482 of the Code of Criminal Procedure is for quashing the proceedings in ST No.1194/2018 pending before the Judicial First Class Magistrate Court-I, Kanjirappally in Crime No.321/2018 of Mundakkayam Police Station for offence punishable under Section 279 of the Indian Penal Code.

2. It is submitted that the matter has been settled between

the parties and the defacto complainant has no objection, whatsoever, in quashing the above proceedings and has instructed the learned Public Prosecutor to that effect.

3. When the matter has been amicably settled between the

parties, no purpose would be served in proceeding with the matter any further, and all proceedings against the petitioner in ST No.1194/2018 pending before the Judicial First Class Magistrate Court-I, Kanjirappally in Crime No.321/2018 of Mundakkayam Police Station, can be quashed.

In view of the above, the Crl.MC is allowed. The proceedings in ST No.1194/2018 pending before the Judicial First Class -3- Magistrate Court-I, Kanjirappally in Crime No.321/2018 of Mundakkayam Police Station is quashed. Sd/- ASHOK MENON JUDGE jg -4- APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A TRUE COPY OF THE FIR DATED 02/03/2018 ANNEXURE B TRUE COPY OF THE FINAL REPORT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KANJIRAPPALLY ANNEXURE C TRUE COPY OF THE AFFIDAVIT DATED 5.2.2019. //TRUE COPY//

Same Court & Year Kerala · 2019 Same Parties Roymon.T.C. vs State of Kerala Same Judge Honourable Mr. Justice Ashok Menon