IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942
Crl.MC.No.2846 OF 2014
AGAINST THE ORDER/JUDGMENT IN CC 790/2013 OF JUDICIAL MAGISTRATE
OF FIRST CLASS , KAYAMKULAM
CRIME NO.348/2012 OF Vallikunnam Police Station , Alappuzha
PETITIONER: ACCUSED
DR.SURESH BABU
AGED 56 YEARS
S/O.RAMAN PILLAI, NARAYANEEYAM HOUSE,
WARD NO.VIII,PATHANAMTHITTA PANCHAYATH,
PATHANAMTHITTA VILLAGE,PATHANAMTHITTA DISTRICT.
BY ADVS.
SRI.B.RAMAN PILLAI (SR.)
SRI.R.ANIL
SRI.T.ANIL KUMAR
SRI.MANU TOM
SRI.M.SUNILKUMAR
SRI.SUJESH MENON V.B.
SRI.THOMAS ABRAHAM (NILACKAPPILLIL)
SRI.M.VIVEK
RESPONDENTS:STATE & DEFACTO COMPLAINANT
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM- 682 031.
2 SADANANDAN
S/O.NARAYANAN, KONNATH EDAPPURAYIL,
MANJADITHARA MURI, PALLIKKAL P.O.,
BARANIKAVU VILLAGE.
R1 BY ADV.SRI. RAMESH CHAND, PUBLIC PROSECUTOR
R2 BY ADV. SRI.VINCENT JOSEPH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
04.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.2846 OF 2014
2
ORDER
The offences alleged are under Section 420, 423, 465, 468 of IPC. The matter settled out of court. An affidavit sworn by the defacto complainant produced to show the settlement arrived at out of the Court. Hence, if it is proceeded further, it will not serve any purpose. Hence, the FIR and its further proceedings are quashed.
The Crl.M.C. is allowed accordingly.
Sd/-
P.SOMARAJAN JUDGE SPV Crl.MC.No.2846 OF 2014 3 APPENDIX PETITIONER'S EXHIBITS:
ANNEXURE A THE CERTIFIED COPY OF CMP NO.2289 OF 2012 OF THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE, KAYAMKULAM.
ANNEXURE A THE NOTARIZED COPY OF THE AFFIDAVIT SWORN TO BY THE RESPONDENT INDICATING THE FACTUM OF SETTLEMENT ANNEXURE B THE TRUE COPY OF THE FIR IN CRIME NO.348 OF 2012 OF VALLIKUNNAM POLICE STATION.
ANNEXURE-C THE CERTIFIED COPY OF THE FINAL REPORT IN C.C. 790 OF 2013 ALONG WITH THE STATEMENT OF WITNESSES AND RECORDS ANNEXURE-C1 THE TRUE COPY OF THE FURTHER STATEMENT OF DEFACTO COMPLAINANT DATED 1.8.2012, WHICH FORMS PART OF THE FINAL REPORT ANNEXURE-C2 THE TRUE COPY OF THE STATEMENT OF CW2, DATED 6.6.2012 WHICH FROM PART OF THE FINAL REPORT.
ANNEXURE-C3 THE TRUE COPY OF THE STATEMENT OF CW3, DATED 6.6.2012 WHICH FORM PART OF THE FINAL REPORT ANNEXURE-C4 THE TRUE COPY OF THE STATEMENT OF CW4, DATED 6.6.2012 WHICH FORM PART OF THE FINAL REPORT ANNEXURE-C5 THE TRUE COPY OF THE STATEMENT OF CW5, DATED 6.6.2012 WHICH FORM PART OF THE FINAL REPORT ANNEXURE-C6 THE TRUE COPY OF THE STATEMENT OF CW2, WHICH FORM PART OF ANNEXURE-C DATED 1.8.2012 ANNEXURE-C7 THE TRUE COPY OF THE STATEMENT OF CW3, WHICH FORM PART OF ANNEXURE-C DATED 1.8.2012 ANNEXURE-C8 THE TRUE COPY OF THE STATEMENT OF CW4, WHICH FORM PART OF ANNEXURE-C DATED 1.8.2012 Crl.MC.No.2846 OF 2014 4 ANNEXURE -C9 THE TRUE COPY OF THE STATEMENT OF CW5, WHICH FROM PART OF ANNEXURE-C DATED 1.8.2012 RESPONDENTS' EXHIBITS: NIL //TRUE COPY// PA TO JUDGE