Shajan vs State Of Kerala
2021 Latest Caselaw 16500 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE ASHOK MENON
        THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
                        CRL.MC NO. 1468 OF 2021
     AGAINST THE ORDER/JUDGMENT IN CC 191/2018 OF CHIEF JUDICIAL
                     MAGISTRATE ,THRISSUR, THRISSUR
PETITIONER/ DE FACTO COMPLAINANT:

             SHAJAN
             AGED 50 YEARS
             S/O. GEORGE, MANDAKAN HOUSE, P.O EAST FORT, NELLIKUNNU,
             NADATHARA VILLAGE, THRISSUR - 680005.

             BY ADV VISHNUPRASAD NAIR



RESPONDENTS/STATE:

    1       STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA, ERNAKULAM, 682031.

    2       SHIBU T. BALAN,
            THULASI THARA HOUSE, SNRA 95J, SURYA NAGAR, NETTAYAM P.O,
            THIRUVANANTHAPURAM - 695013.

    3       JAYAMALKUMAR,
            LAKE CITY RESORT, P O, PATHIRAPILLY, ALAPPUZHA NOW
            RESIDING AT 4 AAHAR HOTEL, MARARIKULAM, ALAPPUZHA -
            688573.

    4       M.P. VINCENT,
            S/O. POULOSE, MANIYAKUM HOUSE, KIZHAKUMPATTUKARA, EAST
            FORT P.O, THRISSUR - 680005.

    5       N.PITHAMBRAKURUP,
            S/O. P.N. NARAYANAKURUP, NAVAYAKULAM, THIRUVANANTHAPURAM
            - 695603.
 CRL.MC NO. 1468 OF 2021               2

     6    DEEPA
          W/O.SHIBU T BALAN, THULASI THARA HOUSE, SNRA 95J,
          SURYA NAGAR, NETTAYAM P.O, THIRUVANANTHAPURAM -
          695013.

     7    SAYKRISHNAN
          D/O. SHIBU T. BALAN, THULASI THARA HOUSE, SNRA
          95J, SURYA NAGAR, NETTAYAM P.O, THIRUVANANTHAPURAM
          - 695013.

          SRI. T.R. RENJITH SR. PP


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   05.08.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 CRL.MC NO. 1468 OF 2021           3



                            ORDER

Dated this the 5th day of August, 2021

The petitioner is the de facto complainant in CMP

No.4585/2017, a private complaint, cognizance of which has

been taken by the Chief Judicial Magistrate Court, Thirssur and

is pending as C.C.No.191/2018 for offences punishable under

Sections 417, 419, 420, 170 r/w Section 120B of the IPC. There

are six persons arrayed as accused in C.C. No.191/2018.

2. The petitioner states that he has settled the matter as

against the 4th respondent herein and the petitioner has also

filed an affidavit to the effect that he has no objection in

quashing the proceedings as against the 4 th respondent/3rd

accused alone. The main offence is compoundable. The

petitioner states that he has received money towards settlement

from the 4th respondent and therefore he has no grievance

against him.

Hence, the petition is allowed and the entire proceedings as

against the 4th respondent/3rd accused in C.C.No.191/2018 on

the files of the Chief Judicial Magistrate Court, Thrissur stands

quashed under Section 482 of Cr.P.C.and the said accused is

discharged and set at liberty.

Sd/-

ASHOK MENON JUDGE rmm

APPENDIX OF CRL.MC 1468/2021

PETITIONER ANNEXURE

ANNEXURE A1 CERTIFIED COPY OF THE COMPLAINT DATED 15.09.2017 FILED BY THE PETITIONER BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR.

ANNEXURE A2 AFFIDAVIT DATED 28.02.2021 SWORN BY THE PETITIONER.