Accused vs State & Defacto Complainant
2021 Latest Caselaw 55 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

     MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942

                      Crl.MC.No.2846 OF 2014

 AGAINST THE ORDER/JUDGMENT IN CC 790/2013 OF JUDICIAL MAGISTRATE
                   OF FIRST CLASS , KAYAMKULAM

   CRIME NO.348/2012 OF Vallikunnam Police Station , Alappuzha


PETITIONER: ACCUSED

             DR.SURESH BABU
             AGED 56 YEARS
             S/O.RAMAN PILLAI, NARAYANEEYAM HOUSE,
             WARD NO.VIII,PATHANAMTHITTA PANCHAYATH,
             PATHANAMTHITTA VILLAGE,PATHANAMTHITTA DISTRICT.

             BY ADVS.
             SRI.B.RAMAN PILLAI (SR.)
             SRI.R.ANIL
             SRI.T.ANIL KUMAR
             SRI.MANU TOM
             SRI.M.SUNILKUMAR
             SRI.SUJESH MENON V.B.
             SRI.THOMAS ABRAHAM (NILACKAPPILLIL)
             SRI.M.VIVEK

RESPONDENTS:STATE & DEFACTO COMPLAINANT

      1      STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA,
             ERNAKULAM- 682 031.

      2      SADANANDAN
             S/O.NARAYANAN, KONNATH EDAPPURAYIL,
             MANJADITHARA MURI, PALLIKKAL P.O.,
             BARANIKAVU VILLAGE.

             R1 BY ADV.SRI. RAMESH CHAND, PUBLIC PROSECUTOR
             R2 BY ADV. SRI.VINCENT JOSEPH

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD          ON
04.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.2846 OF 2014

                               2




                            ORDER

The offences alleged are under Section 420,

423, 465, 468 of IPC. The matter settled out of

court. An affidavit sworn by the defacto

complainant produced to show the settlement arrived

at out of the Court. Hence, if it is proceeded

further, it will not serve any purpose. Hence, the

FIR and its further proceedings are quashed.

The Crl.M.C. is allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE SPV Crl.MC.No.2846 OF 2014

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A THE CERTIFIED COPY OF CMP NO.2289 OF 2012 OF THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE, KAYAMKULAM.

ANNEXURE A THE NOTARIZED COPY OF THE AFFIDAVIT SWORN TO BY THE RESPONDENT INDICATING THE FACTUM OF SETTLEMENT

ANNEXURE B THE TRUE COPY OF THE FIR IN CRIME NO.348 OF 2012 OF VALLIKUNNAM POLICE STATION.

ANNEXURE-C THE CERTIFIED COPY OF THE FINAL REPORT IN C.C. 790 OF 2013 ALONG WITH THE STATEMENT OF WITNESSES AND RECORDS

ANNEXURE-C1 THE TRUE COPY OF THE FURTHER STATEMENT OF DEFACTO COMPLAINANT DATED 1.8.2012, WHICH FORMS PART OF THE FINAL REPORT

ANNEXURE-C2 THE TRUE COPY OF THE STATEMENT OF CW2, DATED 6.6.2012 WHICH FROM PART OF THE FINAL REPORT.

ANNEXURE-C3 THE TRUE COPY OF THE STATEMENT OF CW3, DATED 6.6.2012 WHICH FORM PART OF THE FINAL REPORT

ANNEXURE-C4 THE TRUE COPY OF THE STATEMENT OF CW4, DATED 6.6.2012 WHICH FORM PART OF THE FINAL REPORT

ANNEXURE-C5 THE TRUE COPY OF THE STATEMENT OF CW5, DATED 6.6.2012 WHICH FORM PART OF THE FINAL REPORT

ANNEXURE-C6 THE TRUE COPY OF THE STATEMENT OF CW2, WHICH FORM PART OF ANNEXURE-C DATED 1.8.2012

ANNEXURE-C7 THE TRUE COPY OF THE STATEMENT OF CW3, WHICH FORM PART OF ANNEXURE-C DATED 1.8.2012

ANNEXURE-C8 THE TRUE COPY OF THE STATEMENT OF CW4, WHICH FORM PART OF ANNEXURE-C DATED 1.8.2012 Crl.MC.No.2846 OF 2014

ANNEXURE -C9 THE TRUE COPY OF THE STATEMENT OF CW5, WHICH FROM PART OF ANNEXURE-C DATED 1.8.2012

RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE