Athulya vs State Of Kerala Through The ...
2021 Latest Caselaw 5806 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE P.SOMARAJAN

    WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942

                       Crl.MC.No.6459 OF 2016(F)

AGAINST THE ORDER/JUDGMENT IN CC 343/2016 OF JUDICIAL FIRST CLASS
              MAGISTRATE COURT(TEMPORARY), CHAVARA

          CRIME NO.392/2016 OF CHAVARA POLICE STATION, KOLLAM


PETITIONERS/ACCUSED:

      1        ATHULYA, W/O. BINOY, AGED 19 YEARS,BINOY BHAVANAM,
               NEAR PATTUPURAKKAL TEMPLE,NORTH MYNAGAPPALLY
               MURI,MYNAGAPPALLY VILLAGE, KOLLAM DISTRICT.

      2        JAYAKUMAR, S/O. BHASKARA PILLI, AGED 52 YEARS,
               VALIYATHUVADAKKATHIL VEEDU, VALIYATHU JUNCTION,
               PANAPETTI MURI,SASTHAMCOTTA VILLAGE,
               KOLLAM DISTRICT.

      3        AMBILI AMMA, W/O. JAYAKUMAR, AGED 40 YEARS,
               VALIYATHUVADAKKATHIL VEEDU,VALIYATHU JUNCTION,
               PANAPETTI MURI, SASTHAMCOTTA VILLAGE,
               KOLLAM DISTRICT.

               BY ADVS.
               SRI.K.SIJU
               SMT.S.SEETHA

RESPONDENTS/DE-FACTO COMPLAINANT & STATE:

      1        STATE OF KERALA THROUGH THE INSPECTOR OF
               POLICE,CHAVARA POLICE STATION REPRESENTED BY THE
               PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
               ERNAKULAM-682031

      2        RAMKUMAR, S/O. THULASEEDHARAN PILLAI,RAM BHAVAN,
               MUKUNTHAPURAM PO.,CHAVARA VILLAGE,
               KOLLAM DISTRICT-691583

               R1-2 BY ADV. SRI.K.SUBASH CHANDRA BOSE

               PUBLIC PROSECUTOR SRI.E.C.BINEESH

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD             ON
17.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.6459 OF 2016(F)        2




                               ORDER

To quash the Annexure 1 FIR, Annexure 2 final

report in crime No.392/2016 of Chavara Police

Station, the accused came up.

2. Going by the allegation it is clear that

what is involved is only a civil dispute. The

learned JFCM(temporary), Chavara had referred the

matter without knowing the content of the complaint

and without applying his mind, which has resulted

in the registration of a crime. It is so

unfortunate that a final report was also submitted

though the dispute involved is only a civil one.

Hence, the final report and the crime registered

and its further proceedings are hereby quashed.

Crl.M.C. is allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

msp

APPENDIX PETITIONER'S/S ANNEXURES:

ANNEXURE 1 THE COPY OF FIR ALONG WITH PRIVATE COMPLAINT IN CRIME NO.392/2016 OF CHAVARA POLICE STATION

ANNEXURE 2 THE COPY OF FINAL REPORT IN CRIME NO.392/2016 OF CHAVARA POLICE STATION

RESPONDENTS ANNEXURES:NIL

//TRUE COPY//

P.A. TO JUDGE