Kerala High Court
Premlal C.D vs State Of Kerala (Station House Officer) on 29 December, 2002
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
TUESDAY, THE 3RD DAY OF SEPTEMBER 2013/12TH BHADRA, 1935
Crl.MC.No. 3701 of 2013 ()
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CC.NO. 648/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ERNAKULAM
CRIME NO. 269/1998 OF ERNAKULAM TOWN NORTH POLICE STATION , ERNAKULAM
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PETITIONERS/ACCUSED 1 TO 4:
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1. PREMLAL C.D.,
SON OF DAMODARAN, CHOUKKAPARAMBU,
PACHALAM,KOCHI.
2. C.K.RAVEENDRAN,
SON OF CHEPPALA KRISHNAN, CHEPPALA HOUSE,
NJARAKKAL MURI, NJARAKKAL VILLAGE, KOCHI TALUK.
3. P.K.NANDAKUMARAN,
SON OF KARUNAKARAN PANIKER, PAZHANGATT HOUSE,
KAITHARAM, NORTH PARAVOOR.
4. RAJAGOPAL,
SON OF KRISHNA WARRIER, AYAMURI VARUTH HOUSE,
AYANIKKARA, NORTH PARAVOOR.
BY ADV. SRI.SOJAN MICHEAL
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
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1. STATE OF KERALA (STATION HOUSE OFFICER),
ERNAKULAM TOWN NORTH POLICE STATION),
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI- 682 031
2. SANTHOSH KUMAR,
SON OF C.P VASU, KELAMANGALAM THUNDAYIL HOUSE,
PACHALAM, KOCHI -682 012
R1 BY PUBLIC PROSECUTOR SMT. MADHUBEN
R2 BY ADV. SRI.C.K.PAVITHRAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 03-09-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No. 3701 of 2013 ()
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APPENDIX
PETITIONER(S) ANNEXURES:
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ANNEX 1 TRUE COPY OF THE FINAL REPORT DATED 29-12-2002 IN CRIME
NO 269/1998 OF ERNAKULAM TOWN NORTH POLICE STATION
ANNEX II AFFIDAVIT DATED 26-08-2013 SWORN BY THE 2ND RESPONDENT
RESPONDENT(S)' ANNEXURES: NIL
/TRUE COPY/
P.A.TO.JUDGE
sts
P.BHAVADASAN, J.
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Crl.M.C. No.3701 OF 2013
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Dated this the 3rd day of September, 2013.
O R D E R
The petitioners are facing trial in C.C.No.648/2006 of Judicial First Class Magistrate Court-II, Ernakulam which arose from Crime No.269/1998 of Ernakulam Town North Police Station and they are alleged to have committed the offences punishable under Sections 120B, 406, 419, 420, 467, 468, 474 read with Section 34 of Indian Penal Code. Annexure I is the charge sheet on the basis of which cognizance has been taken by the court concerned.
2. It is unnecessary to traverse into the facts of the case for the simple reason that this Crl.M.C can be disposed of on a short ground.
3. The petitioners have impleaded the de facto complainant as 2nd respondent who has entered appearance through counsel. The party respondent owns up Annexure II affidavit produced along with the Crl.M.C and submits that he has no further Crl.M.C.No.3701/2013 2 grievance in the matter and all the disputes and issues between the petitioners and him have been settled out of court and he does not wish to pursue the matter further. It is also pointed out that the civil case has been withdrawn and no further proceedings either criminal or civil will be continued between the parties. Since no public or social issue is involved in the case, there is no reason as to why the settlement should not be accepted and appropriate orders passed.
In the result, this Crl.M.C is allowed and all further proceedings in C.C.No.648/2006 of Judicial First Class Magistrate Court-II, Ernakulam which arose from Crime No.269/1998 of Ernakulam Town North Police Station including Annexure I charge sheet shall stand quashed and the petitioners shall stand discharged.
Sd/-
P.BHAVADASAN JUDGE smp