The High Court of Kerala quashed criminal proceedings initiated against Dhanesh for theft under IPC Sections 457 and 381, as a settlement affidavit was filed and further prosecution would serve no purpose.
Quashing of all criminal proceedings initiated against the accused Dhanesh in the two cases.
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.
Crl.M.C.Nos.5462 & 5438/2019 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
MONDAY, THE 09TH DAY OF NOVEMBER 2020 / 18TH KARTHIKA, 1942
Crl.MC.No.5462 OF 2019(C)
LP 126/2014 (C.C.No.9/2014) OF CHIEF JUDICIAL MAGISTRATE, KOLLAM
CRIME NO.2348/2013 OF KOLLAM EAST POLICE STATION, KOLLAM
PETITIONER/ACCUSED:
DHANESH, AGED 36 YEARS, S/o MOHANAN, PALLIKKAL KIZHAKKATHIL VEEDU, JANAKEEYA NAGAR-8, EAST OF ULIYAKOVIL TEMPLE, ULIYAKOVIL CHERRY, KOLLAM EAST VILLAGE, KOLLAM DISTRICT-691001.
BY ADVS.SRI.K.SIJU SMT.S.SEETHA
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31.
2 THE STATION HOUSE OFFICER, KOLLAM EAST POLICE STATION, KOLLAM-691001.
3 SHINU, AGED 36 YEARS, S/o SHANMUGHAN, 'SHINE NIVAS', KARUVELIL WARD, PAVITHRESWARAM VILLAGE, KOLLAM DISTRICT-691507.
R3 BY ADV. A.MUHAMMED RAFFI BY PUBLIC PROSECUTOR SRI. RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09.11.2020 ALONG WITH Crl.MC.5438/2019(H). THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.Nos.5462 & 5438 of 2019
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
MONDAY, THE 09TH DAY OF NOVEMBER 2020 / 18TH KARTHIKA, 1942
Crl.MC.No.5438 OF 2019(H)
CC No.3073/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM
CRIME NO.2007/2013 OF ERAVIPURAM POLICE STATION, KOLLAM
PETITIONER/ACCUSED:
DHANESH, AGED 36 YEARS, S/o MOHANAN, PALLIKKAL KIZHAKKATHIL VEEDU, JANAKEEYA NAGAR-8, EAST OF ULIYAKOVIL TEMPLE, ULIYAKOVIL CHERRY, KOLLAM EAST VILLAGE, KOLLAM DISTRICT- 691001.
BY ADVS.SRI.K.SIJU SMT.S.SEETHA
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 31.
2 THE STATION HOUSE OFFICER, ERAVIPURAM POLICE STATION, KOLLAM- 691011.
3 SHINU, AGED 36 YEARS, S/o SHANMUGHAN, SHINE NIVAS, KARUVELIL WARD, PAVITHRESWARAM VILLAGE, KOLLAM DISTRICT- 691507.
R3 BY ADV. A.MUHAMMED RAFFI BY PUBLIC PROSECUTOR SRI. RAMESH CHAND.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09.11.2020 ALONG WITH Crl.MC.5462/2019(C). THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.Nos.5462 & 5438 of 2019
3
ORDER
The offences alleged are under Sections 457 and 381 IPC alleging the commission of theft of article in possession of servant during the course of discharge of official function. The defacto complainant filed an affidavit by which the matter was settled between the parties. If it is proceeded further, it will not serve any purpose. As such, for the ends of justice, both the Crl.M.Cs are allowed by quashing the entire proceedings initiated against the accused.
Both the Crl.M.C.s are allowed accordingly.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
Crl.M.C.Nos.5462 & 5438/2019
4
APPENDIX OF Crl.MC 5462/2019
PETITIONER'S ANNEXURES:
ANNEXURE 1 THE CERTIFIED COPY OF FIR IN CRIME NO.2348/2013 OF KOLLAM EAST POLICE STATION. ANNEXURE 2 THE CERTIFIED COPY OF FINAL REPORT IN CRIME NO.2348/2013 OF KOLLAM EAST POLICE STATION. ANNEXURE 3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT REGARDING SETTLEMENT DATED 28.6.2019.
RESPONDENTS' ANNEXURE: NIL
// TRUE COPY //
P.A. TO JUDGE
Crl.M.C.Nos.5462 & 5438/2019
5
APPENDIX OF Crl.MC 5438/2019
PETITIONER'S ANNEXURES:
ANNEXURE 1 THE CERTIFIED COPY OF FIR IN CRIME NO.2007/2013 OF ERAVIPURAM POLICE STATION.
ANNEXURE 2 THE CERTIFIED COPY OF FINAL REPORT IN CRIME NO.2007/2013 OF ERAVIPURAM POLICE STATION.
ANNEXURE 3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT REGARDING SETTLEMENT DATED 28.06.2019.
RESPONDENTS' ANNEXURE: NIL
// TRUE COPY //
P.A. TO JUDGE
2 issues framed by the court
Whether criminal proceedings should be quashed upon settlement between parties in theft by clerk cases.
Whether the accused is entitled to quashing of the entire criminal proceedings initiating against him.
1 provisions across 1 enactments
Dhanesh
State of Kerala
Shinu
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
