IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
CRL.MC NO. 4431 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 299/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,
TRIPUNITHURA, ERNAKULAM
PETITIONER/ACCUSED:
M.T.ABRAHAM
AGED 51 YEARS
S/O M.M.THOMAS, MADAMAKKAL HOUSE, ELUMANA ROAD, EROOR SOUTH.P.O,
TRIPUNITHURA,
ERNAKULAM DISTRICT.
BY ADV K.K.SATHISH
RESPONDENTS/COMPLAINANT & DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, KOCHI-31.
2 THE SUB INSPECTOR OF POLICE,
HILL PALACE POLICE STATION, TRIPUNITHURA,
PIN-682301.
3 VIJAYALAKSHMIYAMMA,
W/O SANKARAN NAIR, MADASSERIL HOUSE, NEAR ELUMANAKKAL TEMPLE,
EROOR, NADAMA VILLAGE, PIN-682306.
4 VINODKUMAR,
S/O VIJAYALAKSHMIYAMMA, MADASSERIL HOUSE, NEAR ELUMANAKKAL
TEMPLE, EROOR,
NADAMA VILLAGE, PIN-682306.
OTHER PRESENT:
SR.PP - SRI. HRITHWIK C.S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19.11.2021, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.4431 of 2021
2
ORDER
An unnecessary lingering came in the mind of the Magistrate, inspite of Annexure-A4 order of this Court, has driven the petitioner to approach this Court with a second application under Section 482 of the Cr.P.C. for quashing the proceedings against the petitioner against whom offence under Sections 468, 471, 420 of the IPC were alleged.
2. At first, the parties approached the trial Court with C.M.P. No. 3153 of 2018 intimating the settlement. But for the reason that offence under Section 468 and 471 are not compoundable, that application was dismissed by Annexure-A3 order. Then the petitioner has approached this Court with Crl. M.C. No. 5140 of 2019 by Annexure-A4 order giving sufficient hinds and also citing the decisions in Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582], Gian Singh v. State of Punjab and another [(2012) 10 SCC 303] and Parbatbhai Aahir @ Parbatbhai Bhimsinhbai v. State of Gujarat and another [(2017) 9 SCC 641] this Court quashed the proceedings. Still the Crl.M.C. No.4431 of 2021 3 learned Magistrate seems to be not satisfied and directed the petitioner to produce a clarification order from the High Court. I do not know what is to be clarified despite the fact that the Court had quashed Annexure-A3 order dated 24.10.2018 after taking note of the affidavit of the 3rd respondent to the effect that the dispute has been resolved amicably and they have no subsisting grievance against each other.
4. Whatever it may be, it is quite obvious from the version of the parties that the matter is settled and therefore, entire proceedings in C.C. No. 299 of 2015 pending before the Judicial First Class Magistrate's Court, Tripunithura are quashed and the petitioner shall stand exonerated.
The Criminal Miscellaneous Case is allowed as above.
Sd/-
K. HARIPAL JUDGE RMV/19/11/2021 Crl.M.C. No.4431 of 2021 4 APPENDIX OF CRL.MC 4431/2021 PETITIONER ANNEXURE Annexure A1 CERTIFIED COPY OF THE FIR FILED BY THE 2ND RESPONDENT IN CRIME NO.396/2005.
Annexure A2 TRUE COPY OF THE COMPOUNDING PETITION I.E. CMP NO.3153/2018 IN C.C NO.299/2015 FILED BY THE PETITIONER AND THE 3RD RESPONDENT DATED 24-10-2018.
Annexure A3 TRUE COPY OF THE ORDER DATED 24-10-2018 IN CMP NO.3153/2018 IN C.C.NO.299/2015 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, TRIPUNITHURA.
Annexure A4 TRUE COPY OF THE PROCEEDINGS SHEETS FOR THE PERIOD FROM 5.2.2021 TO 27-8-2021 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, TRIPUNITHURA IN C.C.NO.299/2015. Annexure A5 TRUE COPY OF THE PROCEEDINGS SHEET FOR THE PERIOD FROM 5-2-2021 TO 27-8-2021 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT,TRIPUNITHURA IN C.CNO.299/2015.