Kerala High Court
Raju K.T vs Jayachandran on 12 January, 2017
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 12TH DAY OF JANUARY 2017/22ND POUSHA, 1938
Crl.MC.No. 8707 of 2016 ()
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AGAINST THE ORDER/JUDGMENT IN CC 2172/2013 of J.M.F.C.-I, ALAPPUZHA
CRIME NO. 338/2013 OF MARARIKULAM POLICE STATION , ALAPPUZHA
PETITIONER(S)/ACCUSED:
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RAJU K.T,
AGED 39, S/O.THANKAPPAN, KARUVELI VEETTIL,
S.N.PURAM P.O., WARD NO.2, KANJIKKUZHY PANCHAYAT,
CHERTHALA, ALAPPUZHA.
BY ADVS.SRI.V.MAHENDRANATH
SRI.R.SYLESHWAREN NAIR
RESPONDENT(S)/DEFACTO COMPLAINANT & STATE:
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1. JAYACHANDRAN
AGED 49, S/O.SREEDHARAN, NALLAYIDATHU HOUSE,
KANJIKKUZHY PANCHAYATH, CHERTHALA,
ALAPPUZHA DISTRICT.
2. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA 682031
R1 BY ADV. SMT.M.VISHNUPRIYA
R BY PUBLIC PROSECUTOR SRI.AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12-01-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 8707 of 2016 ()
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APPENDIX
PETITIONER(S)' EXHIBITS
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ANNEXURE-A1: TRUE COPY OF THE CHARGE SHEET IN CRIME NO.338/2013 OF
THE MARARIKKULAM POLICE STATION.
ANNEXURE-A2: NOTARISED AFFIDAVIT OF THE 1ST RESPONDENT.
RESPONDENT(S)' EXHIBITS
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/TRUE COPY/ PS TO JUDGE.
SUNIL THOMAS, J.
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Crl.M.C.No.8707 of 2016
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Dated this the 12th day of January, 2017
O R D E R
The petitioner herein is the sole accused in CC No.2172/2013 of the court of Judicial First Class Magistrate-1, Alappuzha,for offences punishable under Sections 406 and 420 IPC.
2. The defacto complainant alleged that, the petitioner herein had offered a job in the Devaswom Board and received consideration of Rs.40,000/- from him. The job was not arranged nor the amount returned. Hence the complaint was laid. After investigation, final report was laid.
3. The petitioner and the first respondent now contend that the matter has been settled between them. Learned counsel for the first respondent relied on Annexure A2 affidavit filed by the first respondent to contend that the matter has been settled and there is no surviving grievance.
4. However, learned Public Prosecutor submitted that the petitioner herein is involved in eight other cases. Learned counsel for the petitioner placed before me, a copy of the judgment in Crl.M.C.No.4294/2015 and connected cases, wherein this Court had quashed the proceedings as against the petitioner herein. Learned Public Prosecutor further submitted that one more case Crl.M.C.No.8707/2016 2 (Crime No. 344/2013) is also pending. According to the learned counsel for the petitioner, that matter is also proposed to be settled.
5. In the light of the above, I am satisfied that the dispute is essentially between the two individuals and no larger question of public importance arises essentially since the matter has been settled between the parties. Hence, I feel that the Crl.M.C.can be allowed.
Accordingly, Crl.M.C.is allowed. All further proceedings pursuant to C.C.No.2172/2013 of the Judicial First Class Magistrate, Alappuzha arising from Crime No.338/2013 of Mararikkulam police station stand quashed.
Sd/-
SUNIL THOMAS Judge dpk /true copy/ PS to Judge.
Crl.M.C.No.8707/2016 3