Labeeb M.K vs State Of Kerala
2021 Latest Caselaw 14081 Ker

                       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. 5894 OF 2020

 AGAINST THE ORDER/JUDGMENT IN CC 151/2020 OF CHIEF JUDL.MAGISTRATE, ERNAKULAM,

                                      ERNAKULAM

PETITIONER/S:

     1          LABEEB M.K
                AGED 39 YEARS
                S/O.K.T.MAXIMUS COMPLEX, SUITE B1, LIGHT HOUSE, HILL ROAD,
                HAMANKAATTE, BANGLORE-575 001.
     2          HASHIR.K.
                AGED 28 YEARS
                S/O.MUHAMMED KUNJU, VILAYATHU MANZIL, OZHINAVALAU POST, NILESWAR,
                KASARGOD, PIN-671 314.
     3          SUMIYA SHIHAS,
                AGED 34 YEARS
                D/O.SHAMSUDHEEN.P.M., ERAMANGALALTHU VEEDU, ASOKAPURAM POST,
                CHOORNIKKARA VILLAGE, ALUVA, ERNAKULAM.
     4          SARATH B.,
                AGED 34 YEARS
                S/O.BALAKRISHNAN, GOKULAM HOUSE, MUGURKODI, PADA VINGADY, KONCHADY
                POST, MANGALOOR.
                BY ADVS.
                ARUN FRANCIS
                SMT.DEENA JOSEPH



RESPONDENT/S:

     1          STATE OF KERALA
                REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN-
                682 031.
     2          AGUSTINE.K.J
                AGED 50 YEARS
                S/O.K.J.JOHN, KURISHU VEETTIL, JANATHA COLONY LINE, SRM ROAD,
                PACHALAM, ERNAKULAM.
     3          BIJU.K.C
                AGED 51 YEARS
                S/O.CHANDRAN, KADAMBUZHA VEEDU, THAIKKADU VILLAGE, CHAVAKAD TALUK,
                THRISSUR.
 Crl.MC.No.5894 OF 2020      2



            BY ADVS.
            V.JOHN SEBASTIAN RALPH
            KAPIL KRISHNA


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 PASSED THE FOLLOWING:
 Crl.MC.No.5894 OF 2020     3




                               O R D E R

Dated this the 7th day of July 2021

Petitioners are all accused in Crime

No.2026/2019 of Ernakulam Central Police Station

in which the final report has already been filed

and taken on file of the Chief Judicial

Magistrate Court, Ernakulam as C.C.No.151/2020

for having allegedly committed the offences

punishable under Sections 406 and 420 read with

Section 34 IPC.

2. The defacto complainant and the

aggrieved is the third respondent. The

petitioners stated that the matter has been

amicably settled with the defacto complainant

and that he has no objection in quashing the

proceedings against the petitioners. The defacto

complainant has appeared through counsel and

filed an affidavit to the effect that the matter

has been amicably settled and that he does not

wish to prosecute them any further. Moreover,

it is also stated that he has no objection in

quashing the proceedings against the petitioners

and the matter may be quashed. The learned

Public Prosecutor had also under instructions

submitted that the matter has been amicably

settled. The petitioners do not have any

criminal antecedents. There is no public

interest involved. In such circumstances, I find

that proceeding with the prosecution need not be

necessary.

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

The entire proceedings as against the

petitioners in Crime No.2026/2019 of Ernakulam

Central Police Station, presently pending before

the Chief Judicial Magistrate Court, Ernakulam

as C.C. No.151/2020 stands quashed under Section

482 of the CRPC and the accused are discharged

and set at liberty.

Sd/-

ASHOK MENON

JUDGE al/-

APPENDIX OF CRL.MC 5894/2020

PETITIONER ANNEXURE ANNEXURE A1 THE CERTIFIED COPY OF THE THE FINAL REPORT IN CC NO.151 OF 2020 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM DATED 20.02.2020. ANNEXURE A2 THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT DATED 27.09.2020.

ANNEXURE A3 THE AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT DATED 14.12.2020.

RESPONDENTS EXHIBITS : NIL

TRUE COPY

P.S TO JUDGE

AL/-