Kerala High Court
Goodwin Poduthas vs The State Of Kerala on 15 January, 2025
2025:KER:2981
Crl.M.C.No.5479/2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
WEDNESDAY, THE 15TH DAY OF JANUARY 2025 / 25TH POUSHA, 1946
CRL.MC NO. 5479 OF 2020
CRIME NO.428/2011 OF NJARAKKAL POLICE STATION, ERNAKULAM
PETITIONERS/ACCUSED:
1 GOODWIN PODUTHAS
AGED 49 YEARS, S/O. FRANCIS, THATHANKERY HOUSE,
APPANGADU, NJARAKKAL P. O., ERNAKULAM DISTRICT.
2 IRIN GLORIN PODUTHAS
AGED 42 YEARS, W/O. GOODWIN PODUTHAS, THATHANKERY
HOUSE, APPANGADU, NJARAKKAL P. O., ERNAKULAM DISTRICT.
BY ADVS.
T.P.SANTHOSH KUMAR
SRI.C.H.ABDUL RASAC
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 THE STATE OF KERALA
REPRESENTED BY STATION HOUSE OFFICER,
NJARAKKAL POLICE STATION, THROUGH PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 THE DETECTIVE INSPECTOR - V
CRIME BRANCH, ARMED RESERVE CAMP BUILDING,
BEHIND KALAMASSERY POLICE STATION,
ERNAKULAM - 683 503.
3 BABY N. T.
AGED 64 YEARS, S/O. THOMAS, NELLISSERY HOUSE,
ELANKUNNAPUZHA, ERNAKULAM DISTRICT - 683 104.
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Crl.M.C.No.5479/2020
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BY ADV
SMT.CHANDNI P KAVUNGAL
SMT SEETHA S, SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 15.01.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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Crl.M.C.No.5479/2020
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G. GIRISH, J.
--------------------------------
Crl.M.C.No.5479 of 2020
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Dated this the 15th day of January, 2025
ORDER
The petitioners are the accused in Crime No.428 of 2011 of Njarakkal Police Station, Ernakulam District. The crime has been registered against the petitioners in connection with the commission of offence under Sections 406 and 420 of the Indian Penal Code read with Section 34 of the Indian Penal Code.
2. When the matter is taken up for consideration today, the learned counsel representing the petitioners, and the learned counsel representing the 3rd respondent submitted that the matter has been amicably settled between the parties and there is no need to continue the prosecution against the petitioners. The 3rd respondent, who is the defacto complainant, has filed an affidavit stating that the disputes between the petitioners and him has been amicably settled and there is no necessity for the further continuance of the proceedings against the petitioners. 3. The learned Public Prosecutor, upon instructions from the Investigating Officer, also submitted that, as per the information gathered 2025:KER:2981 Crl.M.C.No.5479/2020 -4- by the investigating agency, the defacto complainant and the petitioners have compromised the issue.
4. Having regard to the above developments of the case, there is absolutely no need to continue the prosecution as against the petitioners. The termination of the proceedings against the petitioners is necessary to meet the ends of justice.
In the result, the petition stands allowed. The proceedings against the petitioners, pursuant to the registration of Crime No.428 of 2011 of Njarakkal Police Station, are hereby quashed. Sd/-
G. GIRISH JUDGE ded 2025:KER:2981 Crl.M.C.No.5479/2020 -5- APPENDIX OF CRL.MC 5479/2020 PETITIONER ANNEXURES ANNEXURE 1 CERTIFIED COPY OF THE F.I.R. IN CRIME NO.428/2011 OF NJARAKKAL POLICE STATION. ANNEXURE 2 NOTARIZED AFFIDAVIT OF THE 2ND RESPONDENT. Annexure 3 TRUE COPY OF THE FINAL REPORT IN CRIME NO.
428/2011 OF NARAKAL POLICE STATION, ERNAKULAM DISTRICT