Kerala High Court
Jose Kurian Thomas vs State Of Kerala on 22 January, 2021
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942
Crl.MC.No.4159 OF 2019(H)
AGAINST THE ORDER/JUDGMENT IN CC 772/2018 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -III,TRIVANDRUM
CRIME NO.1639/2015 OF CANTONMENT POLICE STATION,
THIRUVANANTHAPURAM
PETITIONERS/ACCUSED NO.1 TO 3:
1 JOSE KURIAN THOMAS,
AGED 48 YEARS
S/O. THOMAS, MEKKAD HOUSE, ANACKAL DESOM,
KANJIRAPPILLY, KOTTAYAM
2 N.V. PRADEEP KUMAR
AGED 58 YEARS
S/O. VASUDEVAN PILLA, KARTHIKA HOUSE, MUTTAMBALAM
VILLAGE, KOTTAYAM
3 JALALUDDIN
AGED 64 YEARS
S/O. POOKKUNJU, P.J. KOTTAGE, VADAKKEVILA, KOLLAM
BY ADVS.
SRI.S.RAJEEV
SRI.K.K.DHEERENDRAKRISHNAN
SRI.V.VINAY
SRI.D.FEROZE
SRI.K.ANAND (A-1921)
SRI.BIJU JOSEPH
RESPONDENTS/STATE/INFORMANT:
1 STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM - 682 031 (CRIME NO. 1639/2015 OF
CANTONMENT POLICE STATION, THIRUVANANTHAPURAM CITY)
2 SARATH BABU
PANAKODE MELE PUTHENVEEDU, KULTHUKAL, KARAKULAM,
ARUVIKARA, THIRUVANANTHAPURAM - 695 564
CRL.M.C.NO.4159 OF 2019
2
OTHER PRESENT:
SR.PP.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C.NO.4159 OF 2019
3
O R D E R
Dated this the 22nd day of January 2021 Petitioners are accused Nos. 1 to 3 in Crime No.1639/15 registered at the Cantonment Police Station, Trivandrum City for offences punishable under Sections 406 and 420 read with Section 34 of IPC, now pending as C.C.No.772/2018 on the files of the Judicial Magistrate of First Class -III, Thiruvananthapuram. The de facto complainant, at whose instance the crime was registered, is arrayed as the 2nd respondent. Annexure-3 affidavit has been filed by 2nd respondent stating that the dispute, which was the reason for the incident and registration of the crime, has been resolved amicably and he has no subsisting grievance against the CRL.M.C.NO.4159 OF 2019 4 petitioners. Annexure-4 to Annexure-135 are affidavits submitted by the other aggrieved persons stating that their money has been refunded and they have no subsisting grievance against the petitioners.
2. Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioners have no criminal antecedents and all pending claims/disputes have been settled/resolved by the accused.
3. Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by the 2nd respondent, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and no public interest is involved in this matter. Moreover, in view of the settlement, possibility of the criminal proceedings ending in conviction is CRL.M.C.NO.4159 OF 2019 5 remote. As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] and Gian Singh v. State of Punjab and another [(2012) 10 SCC 303], there is no impediment in granting the relief sought.
In the result, this Crl.M.C is allowed. The proceedings in C.C.No.772/2018 on the files of the Judicial Magistrate of First Class-III, Thiruvananthapuram is quashed.
Sd/-
V.G.ARUN JUDGE NB CRL.M.C.NO.4159 OF 2019 6 APPENDIX PETITIONERS'S EXHIBITS:
ANNEXURE -I TRUE COPY OF THE FIR ALONG WITH FIS IN CRIME NO. 1639/15 OF CANTONMENT POLICE STATION ANNEXURE -II CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 1639/15 OF CANTONMENT POLICE STATION, PRESENTLY PENDING AS CC NO.72/18 ON THE FILE OF THE JUDICIAL MAGISTRATE OF FIRST CLASS-II, THIRUVANANTHAPURAM ANNEXURE -3 NOTARIZED AFFIDAVIT SWORN BY THE 2ND RESPONDENT ANNEXURE -4 NOTARIZED AFFIDAVIT SWORN BY RADHIKA I, AUTHORISED REPRESENTATIVE AND WIFE OF REJI RAJ (CW 2) ANNEXURE -5 NOTARIZED AFFIDAVIT SWORN BY KUMARESAN (CW 3) ANNEXURE -6 NOTARIZED AFFIDAVIT SWORN BY SHIBU S (CW 4) ANNEXURE -7 NOTARIZED AFFIDAVIT SWORN BY MANYA M (CW 5) ANNEXURE -8 NOTARIZED AFFIDAVIT SWORN BY SHIBIN (CW 6) ANNEXURE -9 NOTARIZED AFFIDAVIT SWORN BY SHINU KHAN (CW 7) ANNEXURE -10 NOTARIZED AFFIDAVIT SWORN BY PRASANTH (CW 8) ANNEXURE -11 NOTARIZED AFFIDAVIT SWORN BY JAYARAJ(CW 9) ANNEXURE -12 NOTARIZED AFFIDAVIT SWORN BY JAYESH (CW 10) ANNEXURE -13 NOTARIZED AFFIDAVIT SWORN BY SASI (CW 11) ANNEXURE -14 NOTARIZED AFFIDAVIT SWORN BY SHYJI (CW 12) ANNEXURE -15 NOTARIZED AFFIDAVIT SWORN BY ANIL KUMAR B (CW 13) ANNEXURE -16 NOTARIZED AFFIDAVIT SWORN BY ABILASH (CW 14) ANNEXURE -17 NOTARIZED AFFIDAVIT SWORN BY HARIDAS (CW 15) CRL.M.C.NO.4159 OF 2019 7 ANNEXURE -18 NOTARIZED AFFIDAVIT SWORN BY BINU (CW 18) ANNEXURE -19 NOTARIZED AFFIDAVIT SWORN BY MANIKANDAN (CW 19) ANNEXURE -20 NOTARIZED AFFIDAVIT SWORN BY USHAKUMARI (CW 20) ANNEXURE -21 NOTARIZED AFFIDAVIT SWORN BY GOPAKUMAR P (CW 21) ANNEXURE -22 NOTARIZED AFFIDAVIT SWORN BY SUDHAKARAN (CW 22) ANNEXURE -23 NOTARIZED AFFIDAVIT SWORN BY RAHUL BABU (CW 23) ANNEXURE -24 NOTARIZED AFFIDAVIT SWORN BY SUMANASAN (CW 24) ANNEXURE -25 NOTARIZED AFFIDAVIT SWORN BY KRISHNA KUMAR (CW 25) ANNEXURE -26 NOTARIZED AFFIDAVIT SWORN BY SURESH (CW 26) ANNEXURE -27 NOTARIZED AFFIDAVIT SWORN BY ANISH (CW 27) ANNEXURE -28 NOTARIZED AFFIDAVIT SWORN BY SHINU (CW 28) ANNEXURE -29 NOTARIZED AFFIDAVIT SWORN BY RAJESH (CW 29) ANNEXURE -30 NOTARIZED AFFIDAVIT SWORN BY MANESH (CW 30) ANNEXURE -31 NOTARIZED AFFIDAVIT SWORN BY MAYARANI (CW 31) ANNEXURE -32 NOTARIZED AFFIDAVIT SWORN BY AKHIL M S NAIR (CW 32) ANNEXURE -33 NOTARIZED AFFIDAVIT SWORN BY SUNNY(CW 33) ANNEXURE -34 NOTARIZED AFFIDAVIT SWORN BY DEEPU (CW 34) ANNEXURE -35 NOTARIZED AFFIDAVIT SWORN BY SUJITH (CW 35) ANNEXURE -36 NOTARIZED AFFIDAVIT SWORN BY SIVAPRASADH (CW 37) ANNEXURE -37 NOTARIZED AFFIDAVIT SWORN BY VIPINRAJ (CW 38) CRL.M.C.NO.4159 OF 2019 8 ANNEXURE -38 NOTARIZED AFFIDAVIT SWORN BY RAFEEQUE (CW 39) ANNEXURE -39 NOTARIZED AFFIDAVIT SWORN BY SANDHYA AUTHORISED REPRESENTATIVE AND WIFE OF ANILKUMAR (CW 40) ANNEXURE -40 NOTARIZED AFFIDAVIT SWORN BY SHAJAN (CW 42) ANNEXURE -41 NOTARIZED AFFIDAVIT SWORN BY AKHILA MANI (CW 43) ANNEXURE -42 NOTARIZED AFFIDAVIT SWORN BY SHINE (CW 44) ANNEXURE -43 NOTARIZED AFFIDAVIT SWORN BY KRISHAN (CW 45) ANNEXURE -44 NOTARIZED AFFIDAVIT SWORN BY GIREESH KUMAR (CW 46) ANNEXURE -45 NOTARIZED AFFIDAVIT SWORN BY INDHU SURESH (WIFE OF LATE SURESH BABU CW41 WRONGLY SHOWN AS CW 47 IN THE AFFIDAVIT) ANNEXURE -46 NOTARIZED AFFIDAVIT SWORN BY SELVARAJ (CW 48) ANNEXURE -47 NOTARIZED AFFIDAVIT SWORN BY SUDHISH (CW 47) ANNEXURE -48 NOTARIZED AFFIDAVIT SWORN BY VINOD V (CW 49) ANNEXURE -49 NOTARIZED AFFIDAVIT SWORN BY VINEETHKUMAR (CW 50) ANNEXURE -50 NOTARIZED AFFIDAVIT SWORN BY AMAL SATHYAVAN (CW 51) ANNEXURE -51 NOTARIZED AFFIDAVIT SWORN BY JIJU PAVITHRAN (CW 52) ANNEXURE -52 NOTARIZED AFFIDAVIT SWORN BY VINOD R T (CW 53) ANNEXURE -53 NOTARIZED AFFIDAVIT SWORN BY GANGADATH (CW 54) ANNEXURE -54 NOTARIZED AFFIDAVIT SWORN BY ARUN (CW 55) ANNEXURE -55 NOTARIZED AFFIDAVIT SWORN BY RAJAN A (CW 56) CRL.M.C.NO.4159 OF 2019 9 ANNEXURE -56 NOTARIZED AFFIDAVIT SWORN BY SASIKUMAR (CW 57) ANNEXURE -57 NOTARIZED AFFIDAVIT SWORN BY KUNJUMOL (CW 58) ANNEXURE -58 NOTARIZED AFFIDAVIT SWORN BY AKHIL R A (CW 59) ANNEXURE -59 NOTARIZED AFFIDAVIT SWORN BY SURAJ (CW 60) ANNEXURE -60 NOTARIZED AFFIDAVIT SWORN BY RAMYA (CW 61) ANNEXURE -61 NOTARIZED AFFIDAVIT SWORN BY RADHAMANI (CW 62) ANNEXURE -62 NOTARIZED AFFIDAVIT SWORN BY CHANDRA PRASAD (CW 63) ANNEXURE -63 NOTARIZED AFFIDAVIT SWORN BY SUBHISH CHANDRAN (CW 64) ANNEXURE -64 NOTARIZED AFFIDAVIT SWORN BY FAROOQUE (CW 65) ANNEXURE -65 NOTARIZED AFFIDAVIT SWORN BY WIFRED (CW 67) ANNEXURE -66 NOTARIZED AFFIDAVIT SWORN BY NIJU (CW 68) ANNEXURE -67 NOTARIZED AFFIDAVIT SWORN BY VIVEK (CW 70) ANNEXURE -68 NOTARIZED AFFIDAVIT SWORN BY BINDU (CW 71) ANNEXURE -69 NOTARIZED AFFIDAVIT SWORN BY MOHANKUMAR (CW 72) ANNEXURE -70 NOTARIZED AFFIDAVIT SWORN BY VIAYAN NADAR (CW 73) ANNEXURE -71 NOTARIZED AFFIDAVIT SWORN BY ATHULYA RANI (CW 74) ANNEXURE -72 NOTARIZED AFFIDAVIT SWORN BY SOURABH (CW 75) ANNEXURE -73 NOTARIZED AFFIDAVIT SWORN BY RATHEESH (CW 77) ANNEXURE -74 NOTARIZED AFFIDAVIT SWORN BY GEORGE (CW 78) ANNEXURE -75 NOTARIZED AFFIDAVIT SWORN BY MOHANAN (CW 79) CRL.M.C.NO.4159 OF 2019 10 ANNEXURE -76 NOTARIZED AFFIDAVIT SWORN BY JAYAPRAKASH (CW 80) ANNEXURE -77 NOTARIZED AFFIDAVIT SWORN BY SIDHIQUE (CW 81) ANNEXURE -78 NOTARIZED AFFIDAVIT SWORN BY BINSLAL (CW 82) ANNEXURE -79 NOTARIZED AFFIDAVIT SWORN BY SHAMNAD (CW 83) ANNEXURE -80 NOTARIZED AFFIDAVIT SWORN BY PRADEEP T M (CW 84) ANNEXURE -81 NOTARIZED AFFIDAVIT SWORN BY ANWAR SADATH (CW 85) ANNEXURE -82 NOTARIZED AFFIDAVIT SWORN BY PRAVEENKUMAR (CW 87) ANNEXURE -83 NOTARIZED AFFIDAVIT SWORN BY NITHIN M (CW 88) ANNEXURE -84 NOTARIZED AFFIDAVIT SWORN BY SATHISAN, AUTHORISED REPRESENTATIVE AND FATHER OF AKHIL S (CW 89) ANNEXURE -85 NOTARIZED AFFIDAVIT SWORN BY JASTIN RAJ (CW 90) ANNEXURE -86 NOTARIZED AFFIDAVIT SWORN BY RAJESH S (CW 91) ANNEXURE -87 NOTARIZED AFFIDAVIT SWORN BY UDAYAKUMAR S (CW 92) ANNEXURE -88 NOTARIZED AFFIDAVIT SWORN BY SANTHOSH KUMAR D S (CW 93) ANNEXURE -89 NOTARIZED AFFIDAVIT SWORN BY ANILKUMAR V (CW 94) ANNEXURE -90 NOTARIZED AFFIDAVIT SWORN BY NIZARUDEEN (CW 95) ANNEXURE -91 NOTARIZED AFFIDAVIT SWORN BY ANZIL (CW 96) ANNEXURE -92 NOTARIZED AFFIDAVIT SWORN BY VENKITESH (CW 97) CRL.M.C.NO.4159 OF 2019 11 ANNEXURE -93 NOTARIZED AFFIDAVIT SWORN BY ABDUL MUTHALIF AUTHORISED REPRESENTATIVE AND FATHER OF SHEHIN SHAH (CW 100) ANNEXURE -94 NOTARIZED AFFIDAVIT SWORN BY ROJITH (CW 101) ANNEXURE -95 NOTARIZED AFFIDAVIT SWORN BY SACHIN KUMAR V S(CW 102) ANNEXURE -96 NOTARIZED AFFIDAVIT SWORN BY FATHER IN LAW SUKUMAR K P AS AUTHORISED BY VYSHAK S NAIR (CW 103) ANNEXURE -97 NOTARIZED AFFIDAVIT SWORN BY MOHAMMD FAZIL (CW 104) ANNEXURE -98 NOTARIZED AFFIDAVIT SWORN BY SUBHASH (CW 105) ANNEXURE -99 NOTARIZED AFFIDAVIT SWORN BY ANOOP MOHAN (CW 106) ANNEXURE -100 NOTARIZED AFFIDAVIT SWORN BY ROBIN JOHN S (CW 107) ANNEXURE -101 NOTARIZED AFFIDAVIT SWORN BY ANOV (CW 108) ANNEXURE -102 NOTARIZED AFFIDAVIT SWORN BY MAHADEVAN P V (CW 109) ANNEXURE -103 NOTARIZED AFFIDAVIT SWORN BY GANESH KUMAR (CW 110) ANNEXURE -104 NOTARIZED AFFIDAVIT SWORN BY ANISH LAL (CW 111) ANNEXURE -105 NOTARIZED AFFIDAVIT SWORN BY NORBERT DANY (CW 113) ANNEXURE -106 NOTARIZED AFFIDAVIT SWORN BY BINDU JAYAKUMAR (CW 114) ANNEXURE -107 NOTARIZED AFFIDAVIT SWORN BY SHEREEF M.S. (CW 116) ANNEXURE -108 NOTARIZED AFFIDAVIT SWORN BY BAIJU JAYAKUMAR (CW 117) ANNEXURE -109 NOTARIZED AFFIDAVIT SWORN BY FAYIZ M(CW
119) CRL.M.C.NO.4159 OF 2019 12 ANNEXURE -110 NOTARIZED AFFIDAVIT SWORN BY PRAMODH S (CW 120) ANNEXURE -111 NOTARIZED AFFIDAVIT SWORN BY ABIJITH(CW
121) ANNEXURE -112 NOTARIZED AFFIDAVIT SWORN BY ADARSH(CW 122) ANNEXURE -113 NOTARIZED AFFIDAVIT SWORN BY AAMIR SHAH,BROTHER AND AUTHORIZED REPRESENTATIVE OF AKBAR SHAH(CW 124) ANNEXURE -114 NOTARIZED AFFIDAVIT SWORN BY MINIRAJ (CW 125) ANNEXURE -115 NOTARIZED AFFIDAVIT SWORN BY PRADEEP ANANDH (CW 126) ANNEXURE -116 NOTARIZED AFFIDAVIT SWORN BY REEJA U V, WIFE AND AUTHORIZED REPRESENTATIVE OF PRASANNA KUMAR(CW 127) ANNEXURE -117 NOTARIZED AFFIDAVIT SWORN BY PRAJITH ANANDH (CW 129) ANNEXURE -118 NOTARIZED AFFIDAVIT SWORN BY SANDHYA, WIFE AND AUTHORIZED REPRESENTATIVE JOHN VALSALAM (CW 130) ANNEXURE -119 NOTARIZED AFFIDAVIT SWORN BY JIJI(CW 131) ANNEXURE -120 NOTARIZED AFFIDAVIT SWORN BY ROOPA VINASH(CW 132) ANNEXURE -121 NOTARIZED AFFIDAVIT SWORN BY RASHI RASHMI (CW 133) ANNEXURE -122 NOTARIZED AFFIDAVIT SWORN BY SANTHOSH (CW 134) ANNEXURE -123 NOTARIZED AFFIDAVIT SWORN BY FEBA GEORGE (WRONGLY MENTIONED AS CW 134 IN FINAL REPORT ANNEXURE -124 NOTARIZED AFFIDAVIT SWORN BY SILVI MATHEW(CW 135) ANNEXURE -125 NOTARIZED AFFIDAVIT SWORN BY SHAJILA BEEVI (CW 136) ANNEXURE -126 NOTARIZED AFFIDAVIT SWORN BY SARA DANIEL (CW 137) CRL.M.C.NO.4159 OF 2019 13 ANNEXURE -127 NOTARIZED AFFIDAVIT SWORN BY SAINI RAVEENDRAN(CW 138) ANNEXURE -128 NOTARIZED AFFIDAVIT SWORN BY SAJU (CW 139) ANNEXURE -129 NOTARIZED AFFIDAVIT SWORN BY SEETHAL RAJ(CW 140) ANNEXURE -130 NOTARIZED AFFIDAVIT SWORN BY KAVERI BABURAJ(CW 141) ANNEXURE -131 NOTARIZED AFFIDAVIT SWORN BY ASMINI RAJ (CW 142) ANNEXURE -132 NOTARIZED AFFIDAVIT SWORN BY PARVATHY (CW 144) ANNEXURE -133 NOTARIZED AFFIDAVIT SWORN BY RANI EBY (CW 145) ANNEXURE -134 NOTARIZED AFFIDAVIT SWORN BY HANSI(CW 146) ANNEXURE -135 NOTARIZED AFFIDAVIT SWORN BY NANDHAGOPAL (CW 153)