Kerala High Court
T.M.Swami vs Panoli Kuniyil Vijith Kumar on 7 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
CRL.MC NO. 2704 OF 2021
CRIME NO.38/2005 OF KUTHUPARAMBA POLICE STATION
AGAINST THE ORDER/JUDGMENT IN LPC 38/2018 OF JUDICIAL MAGISTRATE OF
FIRST CLASS ,KUTHUPARAMBA, KANNUR
PETITIONER/S:
1 T.M.SWAMI
AGED 71 YEARS
S/O. THANKARAJ, 4TH MAIN ROAD, B.NARAYANAPURAM, WHITE
FIELD, BANGALORE-16
2 SATHEESH KUMAR M.
AGED 40 YEARS
S/O. T.M.SWAMI, 4TH MAIN ROAD, B.NARAYANAPURAM, WHITE
FIELD, BANGALORE-16.
BY ADVS.
BINU .P.S
ZUBAIR PULIKKOOL
RESPONDENT/S:
1 PANOLI KUNIYIL VIJITH KUMAR
AGED 42 YEARS
S/O. K.MUKUNDAN, KIZHAKKE VALAPPIL (H), NIRMALAGIRI P.O.,
AMBILAD, KUTHUPARAMBA KANNUR DISTRICT, PIN-670 701.
CRL.MC NO. 2704 OF 2021
2
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682 031.
R1 BY ADV SEENA K
OTHER PRESENT:
SMT.M.K.PUSHPALATHA ,PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.MC NO. 2704 OF 2021
3
O R D E R
Dated this the 7th day of July 2021
The petitioners are accused 1 and 2 in Crime
No.302/2005 of Kuthuparamba Police Station for having
allegedly committed an offence punishable under Section 420
read with Section 34 of the I.P.C.
2. The petitioners were abroad, and therefore, they
could not appear for trial. The case against them was
split up and the trial proceeded against accused 3 and 4 as
C.C.No.78/2007 on the files of the Judicial First Class
Magistrate Court, Kuthupramba. While the trial was
pending, the de facto complainant, who is the 1st
respondent herein, compounded the matter as against accused
3 and 4 and accepting that, accused 3 and 4 were acquitted
under Section 320(8) of the Cr.P.C. vide Annexure II
order. The petitioners have now appeared, and the case
against them has been consigned to the Long Pending
Register as L.P.C.No.38/2018 on the files of the Judicial
First Class Magistrate Court, Kuthuparamba.
CRL.MC NO. 2704 OF 2021
3. The petitioners state that the matter has been
settled with the 1st respondent and that he has no
grievance against them and hence the matter may be
quashed.
4. The 1st respondent has appeared through a Counsel
and filed an affidavit to the effect that the matter has
been settled amicably with the petitioners as well and that
he has no grievance against them and has no objection for
quashing the proceedings against them too.
5. The learned Public Prosecutor has got instructions
through video conferencing from the de facto complainant
regarding the settlement of the case. In view of the fact
that accused 3 and 4 has been compounded by the de facto
complainant and they have been acquitted under Section
320(8) of the Cr.P.C. and he has also no objection in
quashing the proceedings against the petitioners, I find no
reason for proceeding further with the prosecution against
accused 1 and 2.
CRL.MC NO. 2704 OF 2021
In the result, the Crl.M.C. is allowed and the entire
proceedings as against the petitioners in Crime No.302/2005
of Kuthuparamba Police Station, presently pending as
L.P.C.No.38/2018 on the files of the Judicial First Class
Magistrate Court, Kuthuparamba, stands quashed under
Section 482 of Cr.P.C. and the accused are discharged and
set at liberty.
Sd/-
ASHOK MENON
JUDGE
dkr
CRL.MC NO. 2704 OF 2021
APPENDIX OF CRL.MC 2704/2021
PETITIONER ANNEXURE
ANNEXURE I CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO.302/05 OF KUTHUPARAMBA POLICE STATION.
ANNEXURE II CERTIFIED COPY OF ORDER IN CC 78/07 OF JFCM
COURT, KUTHUPARAMBA DATED 23.9.2008.
ANNEXURE III SWORN AFFIDAVIT OF IST RESPONDENT DATED
5.5.2021.
