Crl.MC.No.5587 OF 2020(G) 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942
Crl.MC.No.5587 OF 2020(G)
AGAINST THE ORDER/JUDGMENT IN CC 560/2018 OF JUDICIAL MAGISTRATE
OF FIRST CLASS ,TALIPARAMBA
CRIME NO.1264/2013 OF Thalassery Police Station , Kannur
PETITIONER:
K.NIKHESH
AGED 30 YEARS
S/O. GOVINDAN, KAKKAMANI HOUSE, PATTUVAM AMSOM,
MUDHUKUDA, KANNUR DT. - 670 143.
BY ADV. SMT.P.SHEEBA
RESPONDENTS/STATE AND DEFACTO COMPLAINANT
AND VICTIM
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM.
2 M.SARASWATHI
AGED 52 YEARS
W/O. T. BHASKARAN, MANIYAN HOUSE, MUDHUKUDA P. O.,
PATTUVAM AMSOM, TALIPARAMBA TALUK, KANNUR DT.
3 T.BHASKARAN
AGED 60 YEARS
S/O. AMBU, THALLERIYAN HOUSE, MUDHUKUDA P. O.,
PATTUVAM AMSOM, TALIPARAMBA TALUK, KANNUR DT.
R2-3 BY ADV. VISHAK.K.JOHNSON
OTHER PRESENT:
C.N.PRABHAKARAN -SR.P.P
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.5587 OF 2020(G) 2
ORDER
Dated this the 6th day of January 2021 Petition under Section 482 of the Code of Criminal Procedure filed by the petitioner to quash all further proceedings in C.C.No.560 of 2018 on the file of the Judicial First Class Magistrate Court, Taliparamba.
2. The petitioner is the seventh accused in Crime No.1264/2013 registered for the offences punishable under Sections 143, 147, 447,506(i), 294(b) read with Section 149 of the Indian Penal Code before the Taliparamba Police Station.
3. On a perusal of Annexure II judgment in C.C.No.504/2014, it is revealed that all the accused except this petitioner were acquitted by the court below by a judgment dated 29.5.2018, owing to the absence of evidence. There is also reference to the effect that the parties have settled the dispute.
4. It is submitted by the learned counsel for the petiti foner that this petitioner's case was split up and re filed as C.C.No.560/2018 and at present it is pending before the court below for trial. But now the Crl.MC.No.5587 OF 2020(G) 3 defacto complainant and the other aggrieved party examined before the trial court in the case against the other accused have filed affidavit to the effect that the entire dispute between them and this petitioner has also been amicably settled due to the intervention of the neighbours and now a peaceful atmosphere is prevailing in the locality. It is further stated in the affidavit that they have absolutely no complaints against this petitioner. Hence, the learned counsel for the petitioner has sought for to quash all the proceedings in the case pending as C.C.No.560/2018.
6. The learned Public Prosecutor on instructions submitted that now there is no dispute between the parties as the matter has been amicably settled.
7. On going through the records it could be seen that no useful purpose would be served in pursuing the case against this petitioner. Since the entire matter has been settled amicably and the aggrieved parties have no grievance and they have no intention to pursue the matter against this petitioner, no fruitful purpose would be served by proceeding with the matter against this petitioner. Moreover, no public interest is involved in the case and there is no legal impediment in granting the prayer as sought for by the petitioner. Therefore, for the purpose of securing the ends of justice, this Crl.M.C is only to be Crl.MC.No.5587 OF 2020(G) 4 allowed.
For the foregoing reasons, this Crl.M.C is allowed as prayed for and all further proceedings in C.C.No.560/2018 pending before the Judicial First Class Magistrate Court, Taliparamba will stand quashed as prayed for.
Sd/-
SHIRCY V.
smm JUDGE
Crl.MC.No.5587 OF 2020(G) 5
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO.1264/2013 OF TALIPARAMBA POLICE STATION, (IN C.C.NO.504/2014) OF JUDICIAL FIRST CLASS MAGISTRATE COURT, TALIPARAMBA.
ANNEXURE 2 CERTIFIED COPY OF THE JUDGMENT DATED 29.05.2018 IN C.C.NO.504/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, TALIPARAMBA. ANNEXURE 3 AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT. ANNEXURE 4 AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT.