Saranya Rajesh vs Sivan Pilla
2021 Latest Caselaw 3565 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

     MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942

                      Crl.MC.No.6795 OF 2017(H)

AGAINST THE ORDER/JUDGMENT IN CC 1087/2016 OF JUDICIAL MAGISTRATE
                    OF FIRST CLASS , HARIPAD

   CRIME NO.1029/2015 OF KANAKAKUNNU POLICE STATION, ALAPPUZHA


PETITIONER/ACCUSED:

             SARANYA RAJESH
             AGED 23 YEARS, D/O. RAJESH, PONVEETTIL HOUSE,
             SREEKRISHNAPURAM VILLAGE, KATTAKADA POST,
             THIRUVANANTHAPURAM-695 572

             BY ADVS.
             SRI.AJIT G.ANJARLEKAR
             SRI.GOVIND PADMANAABHAN
             SRI.G.P.SHINOD

RESPONDENTS/COMPLAINANT/STATE:

      1      SIVAN PILLA
             AGED 70 YEARS, S/O. GOPALA PILLAI, PARAVUR ,
             PUTHENVEETTIL, PUTHIYAVILA MURI, KANDALOOR VILLAGE,
             ALAPPUZHA DISTRICT-690 535

      2      STATE OF KERALA
             REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH
             COURT OF KERALA,AT ERNAKULAM

             R1 BY ADV. SRI.P.BIJIMON
             R1 BY ADV. SRI.JACOB SAMUEL

OTHER PRESENT:

             SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.6795 OF 2017
                                        2




                                  O R D E R

Dated this the 1st day of February 2021

Petitioner is the sole accused in Crime

No.1029/2015 registered at the Kanakakkunnu

Police Station, Alappuzha for offences

punishable under Sections 419 and 420 of

IPC, now pending as C.C.No.1087/2016 on the

files of the Judicial First Class

Magistrate-I, Haripad. The de facto

complainant, at whose instance the crime was

registered, is arrayed as the 1st

respondent. Annexure-J affidavit has been

filed by 1st respondent stating that the

dispute, which was the reason for the

incident and registration of the crime, has

been resolved amicably and he has no

subsisting grievance against the petitioner.

2. Heard the learned Public Prosecutor

also, who, on instructions, submits that the CRL.M.C.NO.6795 OF 2017

petitioner has no criminal antecedents.

3. Having considered the gravity of the

offences alleged, nature of the injury

caused and having perused the affidavit

filed by the 1st respondent, the contents of

which are submitted to be true and

voluntary, I am satisfied that the dispute

is settled and no public interest is

involved in this matter. Moreover, in view

of the settlement, possibility of the

criminal proceedings ending in conviction is

remote. As such, continuance of the

proceedings will amount to an abuse of

process of court and hence, in view of the

legal position set out by the Honourable

Supreme Court in Madan Mohan Abbot v. State

of Punjab [(2008) 4 SCC 582] and Gian Singh

v. State of Punjab and another [(2012) 10

SCC 303], there is no impediment in granting

the relief sought.

CRL.M.C.NO.6795 OF 2017

In the result, this Crl.M.C is allowed.

Annexure-D, FIR in Crime No.1029/2015 of

Kanakakunnu Police Station and further

proceedings in C.C.No.1087/2016 on the files

of the Judicial First Class Magistrate- I,

Haripad are quashed.

Sd/-

V.G.ARUN JUDGE NB CRL.M.C.NO.6795 OF 2017

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A A TRUE COPY OF COMPLAINT DATED 10.08.2015 PREFERRED BY THE PETITIONER BEFORE THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM

ANNEXURE B A COPY OF CMP NO. 11365 OF 2015 INSTITUTED BY THE 1ST RESPONDENT/DE FACTO COMPLAINANT BEFORE THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE-1, HARIPAD

ANNEXURE C A COPY OF THE F.I.R. DATED 06.12.2015 IN CRIM NO. 1029 OF 2015 REGISTERED IN KANAKAKUNNU POLICE STATION, ALAPPUZHA

ANNEXURE D A CERTIFIED COPY OF THE CHARGE SHEET DATED 10.11.2016 IN CRIME NO. 1029 OF 2015 REGISTERED IN KANAKAKUNNU POLICE STATION, ALAPPUZHA

ANNEXURE E A TRUE COPY OF MC NO. 384 OF 2015 BEFORE THE FAMILY COURT, NEDUMANGAD

ANNEXURE F A TRUE COPY OF OP. NO. 384 OF 2015 BEFORE THE FAMILY COURT, NEDUMANGAD

ANNEXURE G A TRUE COPY OF CMP NO. 4197 OF 2016 DATED 27.07.2016 BEFORE THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE, KATTAKADA

ANNEXURE H A TRUE COPY OF MC NO. 31 OF 2016 DATED 25.07.2016 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT; KATTAKADA

ANNEXURE I A TRUE COPY OF MC NOL 11 OF 2017 DATED 10.07.2017 BEFORE THE GRAMA NYAYALA COURT, VELLANADU

ANNEXURE J THE ORIGINAL AFFIDAVIT DATED 06.03.2020 SWORN TO BY THE FIRST RESPONDENT

RESPONDENTS'S/S EXHIBITS:

EXHIBIT R1 (A) THE COPY OF LETTER DATED 29.05.2015 ISSUED BY THE CHIEF MANAGER SMT. TERESSA JOSEPH OF SBT, HARIPAD BRANCH WHICH WAS SUBSEQUENTLY MIS-UTILIZED BY THE PETITIONER BY AFFIXING CRL.M.C.NO.6795 OF 2017

HER PHOTOGRAPH AND INSERTING FEW WORDS IN HANDWRITING

EXHIBIT R1 (B) THE COPY OF SUCH A FALSE LDC RANK LIST PREPARED BY THE PETITIONER IN HER HAND WRITING

EXHIBIT R1 (C) THE COPY OF A LIST PREPARED AS READY RECKONER COMBINING SOME OF THE FINANCIAL TRANSACTIONS MADE BY THE PETITIONER DURING THE PERIOD 2015-2016 WITH SOME FINANCIAL INSTITUTIONS IN ANOTHER ADDRESS