Kerala High Court
Harilal S vs State Of Kerala on 17 January, 2020
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 17TH DAY OF JANUARY 2020 / 27TH POUSHA, 1941
Crl.MC.No.60 OF 2020(F)
AGAINST THE ORDER/JUDGMENT IN CC 950/2019 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II,PATHANAMTHITTA
CRIME NO.939/2013 OF Koipuram Police Station ,
Pathanamthitta
PETITIONER/1ST ACCUSED:
HARILAL S., AGED 43 YEARS
S/O. SOMAN, PALAYCKAL HOUSE, CHIRAPPURAM,
AYOOR VILLAGE, PATHANAMTHITTA - 689 611.
BY ADV. SRI.T.K.BIJU (MANJINIKARA)
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 SUB INSPECTOR OF POLICE
(CRIME NO.939/2013), KOIPPURAM POLICE
STATION, KOIPPURAM - 689 531.
3 SURESHKUMAR, AGED 50 YEARS
S/O. K. GOPALAN, KADALADITHUNDIYIL HOUSE,
CHIRAPURAM, KOTTATHUR, AYIROOR VILLAGE,
PATHANAMTHITTA - 689 611.
4 NIRMALA SURESH, AGED 50 YEARS
W/O. SURESHKUMAR, KADALADITHUNDIYIL HOUSE,
CHIRAPURAM, KOTTATHUR, AYIROOR VILLAGE,
PATHANAMTHITTA - 689 611.
R3-4 BY ADV. SMT.ANNIE M.ABRAHAM
OTHER PRESENT:
SRI. SANTHOSH PETER SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 17.01.2020, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C. No. 60 of 2020
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Crl.M.C. No. 60 of 2020
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ORDER
This is a proceedings under Section 482 of the Code of Criminal Procedure for quashing Annexure A2 Final Report pending trial before the Judicial First Class Magistrate Court-II, Pathanamthitta in C.C.No. 950 of 2019.
2. C.C.No. 950 of 2019 arose from Crime No.939 of 2013 of Koippuram Police Station registered under Sections 447, 341, 323, 324, 325 and 294(b) read with Section 34 of the Indian Penal Code. There were altogether four accused in the case and the remaining accused were acquitted after trial. As the petitioner was employed abroad, it is stated that he could not face the trial. The petitioner is now back in India and he has amicably settled the disputes with the victims. The affidavits sworn to by the victims are part of the records.
3. Heard the learned counsel for the petitioner, the learned Public Prosecutor as also the learned counsel for the victims.
Crl.M.C. No. 60 of 2020
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4. In the light of the decision of the Apex Court in Gian singh v. State of Punjab, (2012) 10 SCC 303, insofar as the offences alleged against the petitioner are only offences punishable under Sections 447, 341, 323, 324, 325 and 294(b) read with Section 34 of the Indian Penal Code, I am of the view that this is an appropriate case where this court has to invoke the jurisdiction under Section 482 of the Code of Criminal Procedure to quash the proceedings.
In the result, the Crl.M.C. is allowed and Annexure A2 Final Report pending trial before the Judicial First Class Magistrate Court-II, Pathanamthitta in C.C.No. 950 of 2019 and all further proceedings thereto are quashed.
Sd/-
P.B.SURESH KUMAR JUDGE ds 17.01.2020 Crl.M.C. No. 60 of 2020 ..4..
APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 A TRUE COPY OF THE FIR IN CRIME NO.939/2013 OF KOIPPURAM POLICE STATION, KOIPPURAM DATED 14.10.2013.
ANNEXURE A2 A TRUE COPY OF THE FINAL REPORT IN CRIME NO.939/2013 OF KOIPPURAM POLICE STATION, KOIPPURAM DATED NIL.
ANNEXURE A3 A TRUE COPY OF THE DEPOSITION OF PW1 IN C.C.NO.275/2015 ON THE FILES OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT - II, PATHANAMTHITTA.
ANNEXURE A4 A TRUE COPY OF THE DEPOSITION OF PW2 IN C.C.NO.275/2015 ON THE FILES OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT - II, PATHANAMTHITTA.
ANNEXURE A5 A TRUE COPY OF THE JUDGMENT DATED 17.10.2019 IN C.C.NO.275/2015 ON THE FILE OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT - II, PATHANAMTHITTA.
ANNEXURE A6 A TRUE COPY OF THE AFFIDAVIT OF THE 3RD RESPONDENT DATED 14.10.2019.
ANNEXURE A7 A TRUE COPY OF THE AFFIDAVIT OF THE 4TH RESPONDENT DATED 14.10.2019.