Kerala High Court
Selgi Cheriyan vs P.V.Rajesh on 4 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
CRL.MC NO. 3057 OF 2021
CRIME NO.147/1998 OF Kudiyanmala Police Station, Kannur
AGAINST THE ORDER/JUDGMENT IN CC 825/2016 OF JUDICIAL MAGISTRATE OF
FIRST CLASS ,TALIPARAMBA, KANNUR
PETITIONER/ACCUSED:
SELGI CHERIYAN
AGED 40 YEARS
S/O. CHERIYAN, MADAKUJHIL HOUSE, ERUVESSY AMSOM, CHEMBARI
P. O., KANNUR DIST.
BY ADV A.C.VENUGOPAL
RESPONDENTS/DE FACTO COMPLAINANT AND STATE:
1 P.V.RAJESH
AGED 49 YEARS
S/O. E. P. GANGADHARAN, GANGA, CHALA,
12 KANDI, THOTTADA, KANNUR DISTRICT - 670621.
2 STATE OF KERALA
REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682 031.
BY ADV A.MUHAMMED HASHIM
SRI.C.S HRITHWIK SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.MC NO. 3057 OF 2021 2
ORDER
Dated this the 4th day of August, 2021
The petitioner is the sole accused in Crime No.147/1998 of
Kudiyanmala Police Station for having allegedly committed offences
punishable under Sections 409 of IPC. Cognizance has been taken by
the learned Judicial First Class Magistrate Court, Thaliparamba,
Kannur and pending as CC No.825/2016.
2. The petitioner states that the matter has been amicably
settled with the de facto complainant/1st respondent herein and
therefore the entire proceedings in the aforesaid crime may be
quashed under Section 482 of Cr.P.C.
3. The de facto complainant/1 st respondent has appeared
through counsel and filed affidavit at Annexure A3 stating that he has
no grievance against the petitioner and the matter has been amicably
settled and that the entire proceedings may be quashed.
3. The learned Public Prosecutor has also received instructions
regarding the genuineness of the settlement. The petitioner has no
criminal antecedents. There is no public interest involved.
Hence, the petition is allowed and the entire proceedings as
against the petitioner in Crime No.147/1998 of Kudiyanmala Police
Station now pending as CC No.825/2016 on file of the Judicial First
Class Magistrate Court, Thaliparamba, stands quashed under Section
482 of Cr.P.C and the accused is discharged and set at liberty.
Sd/-
ASHOK MENON
JUDGE
rmm
APPENDIX OF CRL.MC 3057/2021
PETITIONER ANNEXURE
Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME
NO.147/1998 OF KUDIYANMALA POLICE STATION
ON THE FILE OF THE LEARNED JUDICIAL FIRST
CLASS MAGISTRATE OF TALIPARAMBA, KANNUR
DISTRICT.
Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.147/1998 IN C.C.NO.825/2016
BEFORE LEARNED JUDICIAL FIRST CLASS
MAGISTRATE OF TALIPARAMBA, KANNUR
DISTRICT.
Annexure A3 AFFIDAVIT OF THE 2ND RESPONDENT.
