IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
WEDNESDAY, THE 4TH DAY OF MAY 2022 / 14TH VAISAKHA, 1944
CRL.MC NO. 1006 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 660/2019 OF SPECIAL COURT
OF JUDICIAL MAGISTRATE OF FIRST CLASS FOR TRIAL OF CASES
U/S.138 NI ACT(JMFC XI)
PETITIONER/ACCUSED:
PRATHEEP KUMAR
AGED 49 YEARS
S/O.SUKUMARAN NAIR, T.C.93/1232, CRA-706(A),
CHAYAKUDI ROAD, PETTAH WARD, VANCHIYOOR VILLAGE,
THIRUVANANTHAPURAM DIST., PIN 695 024
BY ADV N.J.ASHWIN
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 THE STATE OF KERALA
REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM PIN 682 031
2 KRISHNA KUMAR
S/O.RAJAN, AGED 30 YEARS, RESIDING AT SHYAM
KRISHNA VEEDU, NEAR NEDUMAN DEVI TEMPLE,
VATTAPPARA VILLAGE, KAZHUNAD WARD,
THIRUVANANTHAPURAM DIST., PIN 695 043
BY ADV S.JUSTUS
MAYA M.N, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 04.05.2022, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C.No.1006 of 2021 2
Crl.M.C.No.1006 of 2021
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ORDER
This Crl.M.C. has been filed by the sole accused in Crime No.578/2019 of Vanchiyoor Police Station. On the basis of that crime, cognizance has been taken in C.C.No.660/2019 which is now pending before the Judicial First Class Magistrate Court-XI, Thiruvananthapuram. The offences alleged are under Section 447, 294(b), 323 and 506 of I.P.C. The defacto complainant is the Secretary of the Vanchiyoor Unit Committee of Advocates' Clerk Association. Now the dispute between the petitioner and the accused has been settled and the defacto complainant filed affidavit before this court stating that the matter has been settled and he has no complaints against the petitioner/accused. He has no objection is quashing the FIR and charge sheet, against the petitioner.
2. The dispute between the petitioner and the defacto complainant is of a personal nature and no public interest is involved.
So, Crl.M.C is allowed, quashing the FIR in Crime Crl.M.C.No.1006 of 2021 3 No.578/2019 of Vanchiyoor Police Station and the proceedings in C.C.No.660/2019 of Judicial First Class Magistrate Court-XI, Thiruvananthapuram, pursuant to that crime. The bail bond if any, executed by the petitioner shall stand cancelled, and he is set at liberty forthwith.
Sd/-
SOPHY THOMAS, JUDGE.
Mn Crl.M.C.No.1006 of 2021 4 APPENDIX OF CRL.MC 1006/2021 PETITIONER ANNEXURES ANNEXURE A1 CERTIFIED COPY OF FINAL REPORT IN C.C.NO.660/2019 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT- XI, THIRUVANANTHAPURAM.
ANNEXURE A2 AFFIDAVIT FILED BY THE DEFACTO COMPLAINANT DATED 21.1.2021.