Kerala High Court
Dalton vs State Of Kerala on 12 October, 2018
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY ,THE 12TH DAY OF OCTOBER 2018 / 20TH ASWINA, 1940
Crl.MC.No. 6159 of 2018
AGAINST THE ORDER/JUDGMENT IN CC 846/2017 of ADDL.C.J.M.,
ERNAKULAM
PETITIONERS/ACCUSED:
1 DALTON
AGED 43 YEARS
S/O JOSEPH, NADUVILEMULLOTH HOUSE, ELOOR, MUNJUMMEL,
PIN- 683501
2 MANJISH
AGED 38 YEARS
S/O.JOSEPH,
NADUVILEMULLOTH HOUSE,
ASOKA ROAD, KALOOR,
KOCHI - 682 017.
BY ADVS.
SRI.SADCHITH.P.KURUP
SRI.C.P.ANIL RAJ
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM - 682031
2 OMANA VARGHESE
W/O.VARGHESE,
NADUVILEMULLOTH HOUSE,
ASOKA ROAD,
KALOOR, KOCHI - 682 017.
BY ADV. SRI.JOSE ANTONY
OTHER PRESENT:
T R RENJITH PUBLIC PROSECUTOR.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C.6159/2018 2
O R D E R
The 2nd respondent alleged that due to previous enmity, on 4.10.2011 at 4.30 p.m., the petitioners herein abused the de facto complainant. A complaint was filed, pursuant to which a crime was registered, as Crime No.373/2012 of Ernakulam Town North Police Station. After investigation, final report was laid and the matter is now pending as C.C. No. 846/2017 on the file of the Additional Chief Judicial Magistrate Court, Ernakulam for the offences punishable under Sections 294 B, 506(1)& 34 of the Indian Penal Code.
2. The Crl.M.C is filed by the accused contending that they have now resolved all the disputes with the 2nd respondent evidenced by Annexure A2 affidavit. The learned counsel for the 2nd respondent acknowledged the due execution of the above affidavit and submitted that she has no objection in quashing the proceedings.
3. The learned Public Prosecutor also submitted that the settlement has been reported and that the petitioners are not involved in any other crimes.
4. Having considered these inputs, I am inclined to hold that no larger questions of public importance arise CRL.M.C.6159/2018 3 in this case and this is a fit case in which the matter can be quashed invoking jurisdiction under Section 482 Cr.P.C.
Accordingly, the Crl.M.C is allowed. All further proceedings in C.C. 846/2017 on the files of the Additional Chief Judicial Magistrate Court,Ernakulam as against the petitioners herein stand quashed.
Sd/-
SUNIL THOMAS JUDGE al/-
CRL.M.C.6159/2018 4
APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF FINAL REPORT DATED 15/5/2012 FILED BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM. ANNEXURE A2 AFFIDAVIT DATED 15/09/218 EXECUTED BY SECOND RESPONDENT.
RESPONDENT'S EXHIBITS : NIL TRUE COPY P.S TO JUDGE AL/-