Kerala High Court
Laila Purushothaman vs Dr.S.Ramalingam on 7 December, 2018
Author: K.Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
FRIDAY ,THE 07TH DAY OF DECEMBER 2018 / 16TH AGRAHAYANA, 1940
Crl.MC.No. 8410 of 2018
AGAINST THE ORDER IN CC 35/2016 of C.J.M.PATHANAMTHITTA DATED
22-08-2017
CRIME NO. 2180/2014 OF Pathanamthitta Police Station ,
Pathanamthitta
PETITIONERS:
1 LAILA PURUSHOTHAMAN,
AGED 63 YEARS
W/O PURUSHOTHAMAN,AYATHIL VEEDU,POTHEEPPAD,ERUM
MURI,MALAYALAPPUZHA VILLAGE,PATHANAMTHITTA DISTRICT.
2 VIJAYAN,
AGED 66 YEARS
S/O GOPALAN,KIZHAKKEKKARA MELMURIYIL VEEDU,ERUM
MURI,MALAYALAPPUZHA VILLAGE,MPATHANAMTHITTA DISTRICT.
3 AJITH,
AGED 36 YEARS
S/O VISWAMBHARAN KOLLANTAYATH VEEDU,ERUM
MURI,MALAYALAPPUZHA VILLAGE,MPATHANAMTHITTA DISTRICT.
4 VISWAMBHARAN,
AGED 1 YEARS
S/O KARUNAKARAN,KOLLANTAYATH VEEDU,ERUM
MURI,MALAYALAPPUZHA VILLAGE,MPATHANAMTHITTA DISTRICT.
BY ADVS.
SRI.M.T.SURESHKUMAR
SRI.R.RANJITH
RESPONDENTS:
1 DR.S.RAMALINGAM,
AGED 40 YEARS
S/O R M SIVARATHNAM, NIRANILATHU
VEEDU,POTHEEPPAD,EDANADU MURI,MALAYLAPPUZHA
VILLAGE,PATHANAMTHITTA DISTRST 689 664.
Crl.MC.No. 8410 of 2018 2
2 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
KERALA,ERNAKULAM-682 031.
BY ADV. SMT.BHAVANA VELAYUDHAN
SRI.C.S.HRITHWIK SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Petition filed under Section 482 Cr.P.C.
2. Petitioners are the accused in C.C. No.35 of 2016 on the file of the Chief Judicial Magistrate Court, Pathanamthitta. They are alleged to have committed the offences under Sections 143, 147, 148,294(b), 427, 447 and 506 IPC. The first respondent is victim. It is submitted that the matter has been settled. The proceedings in the trial court are sought to be quashed.
3. Heard the learned counsel for the petitioners and the first respondent and the learned Public Prosecutor.
4. I have perused the affidavit filed by the first respondent, who has entered appearance through Crl.MC.No. 8410 of 2018 3 counsel. I am satisfied that the matter has been settled and no public interest is involved in this case. There is no impediment for granting the prayer of the petitioners.
In the result, this Crl.M.C is allowed. The proceedings in C.C. No.35 of 2016 on the file of the Chief Judicial Magistrate Court, Pathanamthitta are quashed. If any material objects have been produced in this case, the trial court may pass appropriate orders for their disposal.
Sd/-
K.ABRAHAM MATHEW JUDGE pm Crl.MC.No. 8410 of 2018 4 APPENDIX PETITIONERS' EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO 2180 OF 2014 OF PATHANAMTHITTA POLICE STATION DATED 15.12.2014 ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT FILED IN CC NO 35 OF 2016 INITIALLY BEFORE THE CHIEF JUDICIAL MAGISTRATE,PTHANAMTHITTA ANNEXURE A3 CERTIFIED COPY OF FURTHER REPORT IN CC NO 35 OF 2016 SUBMITTED ON 22.8.20178 BEFORE THE CHIEF JUDICIAL MAGISTRATE,PATHANAMTHITTA.
RESPONDENTS' EXHIBITS: NIL
// TRUE COPY // PA TO JUDGE