Joshy vs The State Of Kerala on 23 September, 2019

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Kerala High Court

Joshy vs The State Of Kerala on 23 September, 2019

Bench: B.Sudheendra Kumar

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

 MONDAY, THE 23RD DAY OF SEPTEMBER 2019 / 1ST ASWINA, 1941

                    Crl.MC.No.5511 OF 2019(H)

     AGAINST THE ORDER/JUDGMENT IN CC 280/2015 OF JMFC,
                  KALAMASSERY (TEMPORARY)

CRIME NO.808/2013 OF Kalamassery Police Station , Ernakulam


PETITIONER/S:

              JOSHY
              AGED 50 YEARS
              S/O.VELAYUDEN, KANJIRAPARAMBIL HOUSE,
              KARAYAMUTTOM PO, VALAPPAD PANCHAYATH, CHAVAKKAD
              TALUK, THRISSUR DISTRICT.

              BY ADV. SRI.AMEER.K.M.

RESPONDENT/S:

      1       THE STATE OF KERALA
              THROUGH THE STATION HOUSE OFFICER, KALAMASSERY
              POLICE STATION, ERNAKLAM DISTRICT, REPRESENTED
              BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
              ERNAKULAM-682031

      2       NISHAD MATHEW
              AGED 32 YEARS
              S/O.K.T.MATHEW, ARAKKATHARA HOUSE, VAZHAKKALA
              VILLAGE, THRIKKAKARA ERNAKULAM DISTRICT-
              682021(KATTIVIDA VILAKODE DESHAM, THALASSERY
              TALUK, KANNUR DISTRICT).

              R2 BY ADV. SOJAN MICHEAL

OTHER PRESENT:

              SRI.C.S.HRITHWIK,PP

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 23.09.2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 Crl.MC.No.5511 OF 2019(H)

                                 -2-




                              ORDER

The petitioner is the accused in C.C.No.280/2015 on the files of the court below. The offences alleged are punishable under Sections 406, 420 and 471 IPC and Section 17 and 18A of the Kerala Money

-Lenders Act, 1958 and Section 3 r/w Section 4 of Kerala Prohibition of Charging Exorbitant Interest Act, 2012.

2. The second respondent is the informant, who filed affidavit, stating that the matter has been settled and hence, he has no further grievance against the petitioner.

3. The learned Public Prosecutor, on instructions, has submitted that the matter has been settled. It has been further submitted by the learned Public Prosecutor Crl.MC.No.5511 OF 2019(H) -3- that the petitioner has no criminal antecedent. It appears that the dispute involved in this case is pre-dominantly civil in nature. In the said circumstances, since the matter has been settled, I am inclined to quash the final report and further proceedings against the petitioner in the above said case, in exercise of the inherent power under Section 482 Cr.P.C., to meet the ends of justice. It is ordered accordingly.

In the result, this Crl.M.C. stands allowed as above.

Sd/-

B. SUDHEENDRA KUMAR, JUDGE STK Crl.MC.No.5511 OF 2019(H) -4- APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 THE COPY OF THE FINAL REPORT IN CRIME NO.808/2013 IN CC NO.280/2015 ANNEXURE A2 THE FIR FILE BY THE SUB INSPECTOR OF POLICE, KALAMMASSERY ANNEXURE A3 THE AFFIDAVIT DATED 24.06.2019 SWORN IN BY THE 2ND RESPONDENT RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE STK

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