Kerala High Court
Mr.Jawahar Salim Balakrishnan vs State Of Kerala on 12 September, 2016
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 23RD DAY OF JANUARY 2017/3RD MAGHA, 1938
Crl.MC.No. 9028 of 2016 ()
---------------------------
AGAINST THE ORDER/JUDGMENT IN CC 153/2016 of SPL.COURT OF JMFC
FOR TRIAL OF CASES U/S.138 NI ACT(JMFC XI)
CRIME NO. 61/2015 OF VANCHIYOOR POLICE STATION, THIRUVANANDAPURAM
PETITIONER(S)/ACCUSED:
---------------------
MR.JAWAHAR SALIM BALAKRISHNAN
S/O SMT. C.PREETHA, AGED 33 YEARS,
BHADRADEEP, TC 30/1599, PALLIMUKKU,
PETTAH P.O., THIRUVANANTHAPURAM.
BY ADV. SRI.KRISHNA PRASAD. S
RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT:
--------------------------------------------
1. STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN:682031.
2. ADV.ANIL PRASAD M
AGED 48 YEARS, S/O R.MADHAVAN NAIR, SARITHA BHAVAN,
SNRA-46, SREE NAGAR, POWDIKONAM P.O.,
KERALADYITHYAPURAM, THIRUVANANTHAPURAM-695587.
R2 BY ADV. SRI.P.V.ANIL
BY PUBLIC PROSECUTOR:SRI M R DHANIL
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
23-01-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 9028 of 2016 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A1: CERTIFIED COPY OF THE FIR BY NO.61/2015 OF
VANCHIYOOR POLICE STATION ON THE FILE OF JFMC-XI,
THIRUVANANTHAPURAM.
ANNEXURE A2: THE DISCHARGE SUMMARY ISSUED BY KIMS HOSPITAL,
THIRUVANANTHAPURAM DATED 12.9.2016.
ANNEXURE A3: THE CERTIFIED COPY OF THE CHARGE SHEET IN FIR
NO.61/2015 FILED BEFORE THE JFMC-XI, THIRUVANANTHAPURAM.
ANNEXURE A4: THE COMPROMISE DEED ENTERED INTO BETWEEN THE
PETITIONER AND 2ND RESPONDENT DATED 17.12.2016.
ANNEXURE A5: THE AFFIDAVIT DATED 17.12.2016 EXECUTED BY THE 2ND
RESPONDENT/DEFACTO COMPLAINANT
RESPONDENT(S)' EXHIBITS:NIL
True Copy /
P A to Judge
SUNIL THOMAS, J.
=================
Crl.M.C.No.9028 of 2016
=================
Dated this the 23rd day of January, 2017
ORDER
Petitioner herein is the sole accused in Crime No.61 of 2015 of Vanchiyoor Police Station for offences punishable under sections 294(b), 506(i) of Indian Penal Code and section 118(b) of the Kerala Police Act.
2. The allegation of the de facto complainant, who is the second respondent herein, is that on 01.01.2015, the accused called the de facto complainant on the mobile phone and abused him with filthy language. Complaint was laid and after investigation, final report was laid. Contending that the matter has been compromised between the parties and that the second respondent has no grievance against the petitioner herein, Crl.M.C is filed.
3. Learned counsel for the second respondent, relying on Annexures-A4 and A5, submitted that the matter has been settled. Learned Public Prosecutor on instructions submitted that the petitioner herein is not involved in any other crime and that the matter has been settled.
4. Having considered the entire allegations, I am satisfied that the dispute is essentially one between two individual persons Crl.M.C.9028/16 2 and no larger question of public importance arises. In the light of above, I am inclined to allow the Crl.M.C. In the result, Crl.M.C is allowed. All further proceedings arising from in Crime No.61 of 2015 of Vanchiyoor Police Station stand quashed.
Sd/-
SUNIL THOMAS Judge Sbna/23/1/17 True Copy / P A to Judge