Allowed petitioner's prayer to quash criminal proceedings. Court found matter settled between parties and prosecutor had no objection to discontinuing the case.
Criminal Miscellaneous Case allowed; all proceedings against petitioners in C.C.No.337/2009 are quashed.
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 MRS. JUSTICE ANNIE JOHN
TUESDAY, THE 14TH DAY OF MAY 2019 / 24TH VAISAKHA, 1941
Crl.MC.No. 2551 of 2019
AGAINST THE ORDER/JUDGMENT IN CC 337/2009 of JUDICIAL MAGISTRATE OF FIRST CLASS -III, NEYYATINKARA
CRIME NO. 280/2008 OF Kanjiramkulam Police Station , Thiruvananthapuram
PETITIONERS/ACCUSED:
1 THANKAPPAN.Y AGED 76 YEARS
S/O. YACOOB, RAJI NIVAS, KAKKANAD VILLAGE, ERNAKULAM, KOCHI-682 030
2 KUMAR, AGED 40 YEARS S/O. CHELLAPPAN, CHARUVILA PUTHENVEEDU, KOTTUKAL VILLAGE, NELLIMMOODU, THIRUVANANTHAPURAM.
BY ADV. SMT.T.V.NEEMA
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031
2 VINOD
S/O. KARUNAKARAN NADAR, LAKSHMANA VILASAM, KOTTUKAL VILLAGE, PAYATTUVILA, THIRUVANANTHAPURAM-695 501
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2
Crl.MC.No. 2551 of 2019
ORDER
The petitioners are the accused in C.C.No.337/2009 on
the file of the Judicial 1st Class Magistrate Court-III, Neyyatinkara. The offence alleged against the petitioners are under Section 379 r/w 34 of the Indian Penal Code.
Crl.MC.No. 2551 of 2019
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accused in C.C.No.337/2009 of Judicial First Class Magistrate Court-III, Neyyattinkara. He has no objection in quashing all further proceedings pending before the Judicial First Class Magistrate Court-III, Neyyattinkara in C.C.No.337/2009. The Public Prosecutor also filed a report wherein the Inspector of Police, Kanjiramkulam Police Station has recorded the statement through mobile phone and as per that, he has no interest to continue with the further proceedings of the case. The statement was also produced before this Court.
In the result, this Crl.MC is allowed and the entire proceeding against the petitioner in C.C.No.337/2009 on
Crl.MC.No. 2551 of 2019
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the file of the Judicial First Class Magistrate Court-III, Neyyattinkara, Thiruvananthapuram district is hereby quashed.
Sd/ANNIE JOHN JUDGE
PV
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APPENDIX
PETITIONERS' EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT DATED 27.12.2008 IN CRIME NO. 280/2008 OF KANJIRAMKULAM POLICE STATION.
ANNEXURE A2 COMPROMISE PETITION DATED 28.1.2019.
ANNEXURE A3 ORIGINAL AFFIDAVIT DULY SIGNED BY THE 2ND RESPONDENT DATED 20/3/2019
RESPONDENTS' EXHIBITS: NIL
\TRUE COPY//
PA TO JUDGE
PV
3 issues framed by the court
Whether the prayer for quashing the final report and further proceedings should be allowed given that the matter has been settled between parties and the public prosecutor has no objection.
Whether there is any meaning in continuing the case when the entire matter was settled out of court.
Whether the Criminal Miscellaneous Case should be allowed and the proceedings quashed.
1 provisions across 1 enactments
THANKAPPAN.Y
KUMAR
STATE OF KERALA
VINOD
ANNIE JOHN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
