Kerala High Court
Ratheesh Kamalan @ Prince vs The State Of Kerala on 19 February, 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
WEDNESDAY, THE 19TH DAY OF FEBRUARY 2020 / 30TH MAGHA,
1941
Crl.MC.No.608 OF 2020(E)
SC 512/2017 OF ADDITIONAL DISTRICT COURT& MOTOR ACCIDENT
CLAIMS TRIBUNAL ,PATHANAMTHITTA
CRIME NO.18/2011 OF Moozhiyar Police Station,
Pathanamthitta
PETITIONER/ACCUSED NO.1:
RATHEESH KAMALAN @ PRINCE,
AGED 39 YEARS, S/O.KAMALASANAN,
KAITHOLICKAL VEEDU, KOCHANDY, ANGAMOOZHI,
KUMARAMPEROOR VADAKKEKKARA MURI, CHITTAR-
SEETHATHODU VILLAGE, KONNI TALUK,
PATHANAMTHITTA DISTRICT-689667.
BY ADVS.
SRI.MANU RAMACHANDRAN
SRI.M.KIRANLAL
SRI.T.S.SARATH
SRI.R.RAJESH (VARKALA)
SHRI.SAMEER M NAIR
SMT.AKHILA B.
RESPONDENTS/STATE, DE FACTO COMPLAINANT & CW2:
1 THE STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM- 682031.
2 THE SUB INSPECTOR OF POLICE,
MOOZHIYAR POLICE STATION,
PATHANAMTHITTA DISTRICT-689662.
Crl.MC.No.608 of 2020 2
3 VALSALA SOMARAJAN,
AGED 58 YEARS, W/O.SOMARAJAN, SIVAGIRIYIL
VEEDU, ANGAMOOZHI, KUMARAMPEROOR VADAKKEKARA
MURI, CHITTAR-CHITTAR VILLAGE, KONNI TALUK,
PATHANAMTHITTA DISTRICT-689663.
4 SHILPA SOMARAJAN,
AGED 24 YEARS, D/O.SOMARAJAN, SIVAGIRIYIL
VEEDU, ANGAMOOZHI, KUMARAMPEROOR VADAKKEKARA
MURI, CHITTAR-CHITTAR VILLAGE, KONNI TALUK,
PATHANAMTHITTA DISTRICT-689663.
ADV. ANSU VARGHESE
SRI.SANTHOSH PETER, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 19.02.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.MC.No.608 of 2020 3
Criminal M.C. No.608 of 2020
-----------------------------------------------
ORDER
This is a proceedings under Section 482 of the Code of Criminal Procedure for quashing Annexure - A1 Final Report pending trial before the Additional Sessions Court-I, Pathanamthitta in S.C.No.512 of 2017.
2. The petitioner is the first accused in the said case. The case was one registered under Section 119(b) of the Kerala Police Act and Section 66 of the Information Technology Act.
3. It is seen that the petitioner and the victims of the crime have amicably settled the disputes. The affidavits sworn to by the victims are part of the records.
4. Heard the learned counsel for the petitioner, the learned Public Prosecutor as also the learned counsel for the victims.
Crl.MC.No.608 of 2020 4
5. It is seen that the victims have earlier settled their disputes with the second accused and in terms of the order passed by this court in Crl.M.C.No.5990 of 2016, the proceedings in the case as against the second accused have already been quashed.
In the circumstances, the Crl.M.C. is allowed and Annexure - A1 Final Report pending trial before the Additional Sessions Court-I, Pathanamthitta in S.C.No.512 of 2017 and all further proceedings thereto as against the petitioner are quashed.
Sd/-
P.B.SURESH KUMAR, JUDGE.
YKB Crl.MC.No.608 of 2020 5 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO.18/2011 OF MOOZHIYAR POLICE STATION, PATHANAMTHITTA NOW PENDING AS S.C.NO.512/2017 ON THE FILES OF LEARNED ADDITIONAL SESSIONS COURT-I, PATHANAMTHITTA.
ANNEXURE A2 THE TRUE COPY OF THE ORDER DATED
06.07.2017 IN CRL.M.C.NO.5990/2016 OF THIS HON'BLE COURT.
ANNEXURE A3 THE ORIGINAL OF THE AFFIDAVIT DATED 18.01.2020 SWORN BY THE 3RD RESPONDENT/DE-FACTO COMPLAINANT. ANNEXURE A4 THE ORIGINAL OF THE AFFIDAVIT DATED 18.01.2020 SWORN BY THE 4TH RESPONDENT/CW2.
RESPONDENT'S/S EXHIBITS:
NIL //TRUE COPY// PA TO JUDGE