Kerala High Court
Shoba vs State Of Kerala on 13 February, 2020
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 13TH DAY OF FEBRUARY 2020 / 24TH MAGHA, 1941
Crl.MC.No.996 OF 2019(D)
AGAINST THE ORDER/JUDGMENT IN CC 423/2017 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -I,ATTINGAL
CRIME NO.2175/2016 OF Attingal Police Station ,
Thiruvananthapuram
PETITIONERS/A1 to A3:
1 SHOBA, AGED 52 YEARS
D/O.SARASAMMA, GOKULAM, KOTTIYODE, CHITTATINKARA
DESOM, ATTINGAL VILLAGE, THIRUVANANTHAPURAM.
2 *(ANOOP CHANDRAN),
AGED 33 YEARS, S/O.KRISHNANKUTTY NAIR, GOKULAM,
KOTTIYODE, CHITTATINKARA DESOM, ATTINGAL VILLAGE,
THIRUVANANTHAPURAM.
*(THE NAME OF THE 2ND PETITIONER "ANOOP CHANDRAN"
IS CORRECTED AND SUBSTITUTED AS "ANOOP KRISHNAN" AS
PER ORDER DATED 03.02.2020 IN CRL.M.A.NO.2/2020 IN
CRL.M.C.NO.996 OF 2019).
3 GANGADHARAN THAMPI, AGED 79 YEARS
S/O.JANARDHANA KURUPPU, KRISHNA PRABHA,
KOTTARAKKARI, VEILOOR VILLAGE, THIRUVANANTHAPURAM.
BY ADV. SRI.SHAJIN S.HAMEED
RESPONDENTS/STATE & CW1:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM.
2 SUNIL CHAND, AGED 32 YEARS
S/O.SUDARMAN, KAVUVILA HOUSE, NEAR ATTINGAL TOWN
HALL, CHITTATTINKARA DESOM, ATTINGAL VILLAGE,
THIRUVANANTHAPURAM DISTRICT, PIN-CODE-695101.
R2 BY ADV. SMT.ANUSHMA M.KHAN
R1 BY SMT.M.K.PUSHPALATHA, PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
13.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC 996/2019
2
O R D E R
Dated this the 13th day of February 2020 Petitioners are accused Nos.1 to 3 in CC No.423/2017 on the files of the Judicial First Class Magistrate's Court-I, Attingal for having allegedly committed offences punishable under Section 420 read with Section 34 IPC and under Section 11 of the Kerala Money-Lenders Act, 1958 and under Sections 3 & 4 of Kerala Prohibition of Charging Exorbitant Interest Act.
2. The defacto complainant/aggrieved is the second respondent herein. He has appeared through counsel and filed an affidavit to the effect that the matter has been amicably settled with the petitioners and that he has no grievance against them. A report to that effect has also been obtained from the investigating officer through the learned Public Prosecutor. The petitioners do not have any criminal antecedents. There is no public interest involved. Crl.MC 996/2019 3
In the result, the Criminal M.C. is allowed and the entire proceedings as against the petitioners herein in CC No.423/2017 on the files of the Judicial First Class Magistrate's Court-I, Attingal shall stand quashed under Section 482 Cr.PC and the petitioners/accused are discharged.
Sd/-
ASHOK MENON JUDGE jg Crl.MC 996/2019 4 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A CERTIFIED COPY OF THE FIR IN CRIME NO.2175/2016 OF ATTINGAL POLICE STATION.
ANNEXURE B CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.2175/2016 OF ATTINGAL POLICE STATION.
ANNEXURE C PHOTOCOPY OF THE SUIT FILED BY THE HUSBAND OF A1 BEFORE THE SUB COURT, ATTINGAL AS O.S.NO.46/2016.
ANNEXURE D AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT/CW1.