Kerala High Court
Sadique vs The State Of Kerala
Author: P.Bhavadasan
Bench: P.Bhavadasan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
THURSDAY, THE 5TH DAY OF DECEMBER 2013/14TH AGRAHAYANA, 1935
Crl.MC.No. 5885 of 2013 ()
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CRIME NO. 224/2013 OF MANGALAPURAM POLICE STATION, ATTINGAL
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PETITIONERS/ACCUSED 1 TO 3 :
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1. SADIQUE,
PRANAVAM, NCC NAGAR, KUDAPANAKUNNU
PERRORKADA, THIRUVANANTHAPURAM.
2. SUNIL KUMAR,
S/O.VASUDEVA PANICKER, AGED 49 YEARS, ABHIRAMI HOUSE
PALAM JN., ARAYANAD PO., THIRUVANANTHAPURAM.
3. PRIJI, AGED 42,
ABHIRAMI HOUSE, PALAM JN., ARAYANAD PO.
THIRUVANANTHAPURAM
BY ADV. SRI.SUMAN CHAKRAVARTHY
RESPONDENTS/STATE AND DEFACTI COMPLAINANT :
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1. THE STATE OF KERALA,
REP. BY ITS PUBLIC PROSECUTOR,
HIGH COURT OF KERALA - 682 031
2. SUNITHA SURESH,
D/O.JAGATHAMMA, AGED 43 YEARS,
MAHIMA HOUSE, BHOOTHANA COLONY
PATTATHINKARA, THONNAKKAL, MAGALAPURAM
THIRUVANANTHAPURAM-696 317.
R1 BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MANJOORAN
R2 BY ADV. SMT.BREJITHA UNNIKRISHNAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 05-12-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
...2/-
Crl.MC.No. 5885 of 2013 ()
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APPENDIX
PETITIONER(S)' EXHIBITS :
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ANNEXURE A : A FREE COPY OF THE FIR IN CRIME NO. 224/13 OF
MANGALAPURAM PS.
ANNEXURE B : TRUE COPY OF RECEIPTS DATED 02.12.13.
ANNEXURE C : ORIGINAL AFFDAVIT OF THE 2ND RESPONDENT DATED
02.12.13.
RESPONDENT(S)' EXHIBITS : NIL
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//TRUE COPY//
P.A. TO JUDGE
Mn
P.BHAVADASAN, J.
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Crl.M.C. No.5885 OF 2013
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Dated this the 5th day of December, 2013.
O R D E R
The petitioners are accused Nos.1 to 3 in Crime No.224/2013 of Mangalapuram Police Station who are alleged to have committed the offences punishable under Sections 406, 420 read with Section 34 IPC. In this petition filed under Section 482 of the Code of Criminal Procedure, the petitioners seek to have Annexure A First Information Report in the said crime quashed.
2. It is unnecessary to go into the facts of the case in detail for the simple reason that the petition can be disposed of on a short ground.
3. The petitioners have impleaded the de facto complainant who has filed a complaint based on which a crime was registered, as 2nd respondent in this petition. The 2nd respondent has entered appearance through counsel. Learned counsel appearing for the 2nd respondent accepted that Annexure C affidavit produced along with the petition is one sworn to by the Crl.M.C. No.5885/2013 2 2nd respondent herself and she stands by the statements contained therein.
4. On going through Annexure C affidavit filed by the 2nd respondent, it is seen that the parties have settled the issues between them and the de facto complainant has no further grievance to be redressed. It is also pointed out that the de facto complainant does not intend to proceed with the matter further.
5. Considering the stand taken by the de facto complainant, it is felt that continuance of the proceedings will only be an exercise in futility.
In the result, this Crl.M.C is allowed and Annexure A First Information Report in Crime No.224/2013 of Mangalapuram Police Station shall stand quashed and all further proceedings as against the petitioners shall stand dropped.
Sd/-
P.BHAVADASAN JUDGE smp