Single judge of Kerala High Court allowed Criminal Misc. Case to quash prosecution against accused 2 and 4 citing settlement of disputes and prior quashing of proceedings against first accused as being in interest of justice.
Criminal proceedings C.C.535/2009 against accused 2 and 4 were quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931
Crl.MC.No. 3942 of 2009() ------------------------CC.535/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDURG ....................
PETITIONER(S): ACCUSED 2 & 4:
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1. K.K.BHARATHAN, AGED 56 YEARS, S/O.KELU KURUPPU, KALARIKKAL HOUSE, IRINJALAKUDA P.O., THRISSUR DISTRICT.
2. K.N.ASHOK KUMAR, AGED 54 YEARS, S/O.NARAYANAN, KALAVIL HOUSE, CHEEMENI POST, KASARGOD DISTRICT.
BY ADV. MR.SURESH KUMAR KODOTH
RESPONDENT(S): COMPLAINANT/STATE:
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1. THE PLANTATION CORPORATION OF KERALA LTD., REPRESENTED BY THE MANAGER, CHEEMENI ESTATE, CHEEMENI POST, KASARGOD DISTRICT.
2. STATE OF KERALA REP. BY SHO, CHEEMENI POLICE STATION, KASARGOD DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
R1 BY ADVS.MR.JOSEPH KODIANTHARA,
MR.MATHEWS K.UTHUPPACHAN .
R2 BY PUBLIC PROSECUTOR MR. S.U. NAZAR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
M.SASIDHARAN NAMBIAR,J.
------------------------------------------ Crl.M.C.NO.3942 OF 2009 ------------------------------------------ Dated 5th January 2010
O R D E R
Petitioners are accused 2 and 4 in C.C.535/2009 on the file of Judicial First
Class Magistrate-I, Hosdurg. First accused had earlier filed Crl.M.C.2666/2009 to quash the proceedings contending that the disputes were settled with the first respondent Plantation Corporation and security deposit had already been forfeited and in such circumstances, the case is to be quashed. By Annexure-A3 order dated 27/8/2009 prosecution as against the first accused was quashed. This petition is filed by accused 2 and 4 to quash the proceedings as against them contending that in view of the settlement and in view of Annexure-A3 order the case as against the
Crmc 3942/09
2
petitioners is also to be quashed.
2.Learned counsel appearing for first
respondent appeared and submitted that in view
of the settlement of the disputes, first respondent has no objection for quashing the
proceedings as against the petitioners. In such circumstances, when the case as against the first accused is already quashed due to the settlement, when there is settlement of the disputes with the petitioners also as admitted by first respondent, it is not in the interest of justice to continue the prosecution.
Petition is allowed. C.C.535/2009 on
the file of Judicial First Class Magistrate-I, Hosdurg as against accused 2 and 4 is quashed.
M.SASIDHARAN NAMBIAR, JUDGE.
uj.
2 issues framed by the court
Whether criminal proceedings against accused 2 and 4 should be quashed in light of settlement and prior quashing against first accused.
Whether continuation of prosecution against petitioners is in the interest of justice given settled disputes.
K.K.BHARATHAN
K.N.ASHOK KUMAR
THE PLANTATION CORPORATION OF KERALA LTD.
STATE OF KERALA
M.SASIDHARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
