This order dismisses a petition seeking to quash criminal proceedings under IPC Sections 406 and 420. The court rejected the plea to keep the petition pending a potential settlement as no material proving settlement was produced.
Petition for quashing proceedings dismissed and closed; parties to move court only upon complete settlement.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH
THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933
Crl.MC.No. 1258 of 2011()
---------------------------------CC.168/2010 of CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR
PETITIONER(S): ACCUSED 1 & 3
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1. FR. ALIAS K.VARKEY, S/O.K.C.VARKEY, AGED 55 YEARS, PRIEST, KEERIMULAYIL HOUSE, PEECHI.P.O., PEECHI VILLAGE, THRISSUR-680653.
2. VIJI VARGHESE, S/O. VARGHESE, AGED 38 YEARS, KANICHAI HOUSE, P.O.PALAYAM PARAMBU, THRISSUR-680741.
RESPONDENT(S): STATE/COMPLAINANTS 1 & 2
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1. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
2. SUB INSPECTOR OF POLICE, TRICHUR EAST STATION, TRICHUR.
3. PREETHESH, S/O. BALAKRISHNAN, MANGADANPARAMBATH HOUSE, MANALAYA.P.O., ANAMANGADU, PERINTHALMANNA, MALAPPURAM DISTRICT. PIN-679357.
4. SAJI KURIAKOSE, S/O. KURIAKOSE, KAVANAL HOUSE, PALANKODU DESAM, IKKARANADU NORTH VILLAGE, ERNAKULAM DISTRICT.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1258 of 2011()
ANNEXURE
ANNEXURE A1 : COPY OF FINAL REPORT IN C.C. NO. 168/2010 ANNEXURE A2 : COPY OF THE F1 STATEMENT OF 3RD RESPONDENT ANNEXURE A3 : COPY OF THE JUDGMENT IN CRL.M.C. NO. 3603/2010
// TRUE COPY //
PA TO JUDGE
smt
THOMAS P. JOSEPH, J. ~~~~~~~~~~~~~~~~ Crl.M.C. No.1258 of 2011
~~~~~~~~~~~~~~~~~~
Dated this the 16th day of June 2011
O R D E R
Petitioners are accused 1 and 3 in C.C.No.168 of 2010 of the court of learned Chief Judicial Magistrate, Thrissur seeking to quash proceeding against them for offences punishable under Secs.406 and 420 r/w Sec.34 of the Indian Penal Code (for short, “the IPC”). Learned counsel submitted that petitioners have settled all the claims except one. Learned counsel submits that petitioners are permitted to settle the claim of that person as well. But as of now, there is no settlement of that claim and no material is also produced before me to show the settlement. This Crl.M.C. is filed on 18.3.2011. There is no reason why I should keep this petition pending expecting a possible settlement between the parties. As and when there is a complete settlement parties concerned can move this Court
Crl.M.C. No.1258 of 2011
-: 2 :-
for appropriate reliefs.
With the above observation, this Crl.M.C. is
closed.
THOMAS P. JOSEPH, JUDGE.
Jvt
2 issues framed by the court
Whether the petition for quashing proceedings can be kept pending pending settlement of one claim
Whether complete settlement has been established before the court
FR. ALIAS K. VARKEY
VIJI VARGHESE
STATE OF KERALA
SUB INSPECTOR OF POLICE
THOMAS P J JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
