Valakkavu Granites Private ... vs Unnimon
2021 Latest Caselaw 14138 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. 125 OF 2021
             Crime No.536/2018 of Mannuthy Police Station

PETITIONER/S:
          VALAKKAVU GRANITES PRIVATE LIMITED
          REPRESNETED BY ITS MANAGING DIRECTOR, JENNY JOHN,
          AGED 42 YEARS, S/O. P. V. JOHNY, THATTIL HOUSE,
          MUNDUPALAM, THRISSUR EAST P. O., THRISSUR
          DISTRICT, PIN - 680001.

         BY ADVS.
         P.VIJAYA BHANU (SR.)
         SRI.M.REVIKRISHNAN
         SRI.AJEESH K.SASI
         SRI.P.M.RAFIQ
         SRI.V.C.SARATH
         SRI.VIPIN NARAYAN
         SMT.POOJA PANKAJ
         SRUTHY N. BHAT


RESPONDENT/S:
    1     UNNIMON
          AGED 72 YEARS
          S/O. KUNJUNNIMON, NADODIVEETTIL HOUSE, KOZHUKULLY
          DESOM, NADATHARA PANCHAYAT, THRISSUR TALUK,
          THRISSUR, PIN - 680751.

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

         BY ADV SHRI.K.B.GANGESH


OTHER PRESENT:
         SRI.C.S.HRITWIK, SRPP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Crl.MC 125/2021

                                      2




                             ASHOK MENON, J.
                  ------------------------------------
                          Crl.MC No.125 of 2021
                  -------------------------------------
                     Dated this the 7th day of July, 2021



                                  ORDER

The petitioner is the sole accused in Crime No.536/2018

of Mannuthy Police Station for having allegedly committed

offences punishable under Section 465, 467, 468 and 471 IPC.

The de facto complainant is the first respondent. The

petitioner states that the matter has been amicably settled and

that the de facto complainant had made the complaint under a

mistake of fact. An affidavit has been filed by the de facto

complainant as Annexure-R1(a). Crl.MC 125/2021

2. Heard the learned counsel for the petitioner and the

learned counsel appearing for the first respondent/de facto

complainant and also the learned Prosecutor, who had

admitted that a report has been received regarding the

amicable settlement of the dispute between the petitioner and

the first respondent. Under the circumstances, I find that no

purpose would be served by proceeding with the prosecution

against the petitioner. Final report has not yet been filed.

3. In view of the fact that there is no public interest

involved and that the matter has been amicably settled with

the first respondent, the petition is allowed and the entire

proceedings as against the petitioner herein in Crime

No.536/2018 of Mannuthy Police Station shall stand quashed Crl.MC 125/2021

under Section 482 Cr.PC and the petitioner/accused is

discharged.

Sd/-

ASHOK MENON JUDGE jg Crl.MC 125/2021

APPENDIX OF CRL.MC 125/2021

PETITIONER ANNEXURE

ANNEXURE A TRUE COPY OF THE FIR IN CRIME NO.536/2018 OF MANNUTHY POLICE STATION, THRISSUR DISTRICT ALONG WITH THE FIRST INFORMATION STATEMENT GIVEN BY THE DEFACTO COMPLAINANT / THE 1ST RESPONDENT HEREIN.

ANNEXURE B TRUE COPY OF THE JUDGMENT DATED 07.03.2018 PASSED BY THIS HONOURABLE COURT IN W.P.(C) NO.2196 OF 2017.

ANNEXURE C TRUE COPY OF THE JUDGMENT DATED 18.01.2019 IN W.P.(C) NO.18956 & 15060 OF 2018 PASSED BY THIS HONOURABLE COURT.

ANNEXURE D TRUE COPY OF THE JUDGMENT IN W.A.NO.172 OF 2019 PASSED BY THIS HONOURABLE COURT DATED 30.01.2019.

ANNEXURE E TRUE COPY OF THE ORDER NO.B2-12490/2016 DATED 20.05.2020, PASSED BY THE TAHSILDAR, THRISSUR.

RESPONDENT'S EXHIBITS

Annexur-R1(a) AFFIDAVIT DATED 1.2.2021 SWORN BY THE PETITIONER