Yeldho.P.A vs State Of Kerala
2021 Latest Caselaw 13255 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE ASHOK MENON
         THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
                         CRL.MC NO. 1476 OF 2021
  AGAINST THE ORDER/JUDGMENT IN CC 968/2020 OF JUDL. MAGISTRATE OF
                  FIRST CLASS, KOTHAMANGALAM, ERNAKULAM
PETITIONER/S:

             YELDHO.P.A
             AGED 66 YEARS
             S/O.LATE SRI. ABRAHAM, PULPARAMBIL HOUSE, KEERAMPARA
             P.O., PUNNECKADU, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN
             686 681

             BY ADV THOMAS M.JACOB


RESPONDENT/S:

     1       STATE OF KERALA
             REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA

     2       JAYANGEEV JOSEPH
             AGED 40 YEARS
             S/O.M.P.JOSEPH, MYPPAN, HOUSE, VELIYILCHAL, THATTEKKADU
             P.O., KEERAMPARA, PIN 686 681, NOW RESIDING AT WINGHAM
             COURT CARE HOME, OAKEN LANE, KT-10, ORQ EASTHER BUPA,
             U.K., S/O.C.J. DEVASY, AGED 48 YEARS, CHAKKIYATH HOUSE,
             KUTHUKUZHY P.O., KOTHAMANGALAM PIN 686 691

             R2 BY ADV T.R.JERRY SEBASTIAN



OTHER PRESENT:

             SMT.M.K.PUSHPALATHA-PP


THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.MC NO. 1476 OF 2021
                                  2



                             O R D E R

Dated this the 24th day of June 2021

The petitioner is the sole accused in Crime

No.1507/2020 of Kothamangalam Police Station, which is

presently pending on the files of the Judicial First Class

Magistrate Court-I, Kothamangalam as C.C.No.968/2020 for

having allegedly committed the offences punishable under

Sections 468 and 471 of the I.P.C.

2. The petitioner and the de facto complainant, who is

the 2nd respondent herein, had some disputes pertaining to

the property, which was allegedly taken on lease by the

petitioner for running a ration shop. All those matters

have been settled amicably between the parties and the 2nd

respondent has appeared through Counsel, represented by his

Power of Attorney and filed an affidavit as Annexure A6 to

the effect that the matter has been settled and that he is

not interested in proceeding with the prosecution of the

case against the petitioner. The parties have also CRL.MC NO. 1476 OF 2021

executed an agreement detailing the manner in which the

civil suit as well the criminal matter has been settled

between them. The petitioner has no other criminal

antecedents and there is also no public interest

involved.

3. Hence, the Crl.M.C. is allowed and the entire

proceedings against the petitioner in Crime No.1507/2020 of

Kothamangalam Police Station, presently pending as

C.C.No.968/2020 of Judicial First Class Magistrate Court-I,

Kothamangalam, stands quashed under Section 482 of Cr.P.C.

and he is discharged and set at liberty.

Sd/-

ASHOK MENON JUDGE dkr CRL.MC NO. 1476 OF 2021

APPENDIX OF CRL.MC 1476/2021

PETITIONER ANNEXURE

ANNEXURE A1 TRUE CERTIFIED COPY OF THE FIR IN CRIME NO.1507/2020 OF KOTHAMANGALAM POLICE STATION.

ANNEXURE A2 TRUE CERTIFIED COPY OF THE FINAL REPORT IN CC NO.968/2020 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOTHAMANGALAM.

ANNEXURE A3 TRUE COPY OF THE POWER OF ATTORNEY DATED 29.5.2020 EXECUTED BY THE 2ND RESPONDENT TOGETHER WITH NOTARIAL CERTIFICATE.

ANNEXURE A4 TRUE COPY OF ORDER NO.C.S.2-3869/19 DATED 5.9.2019 OF THE DISTRICT SUPPLY OFFICER.

ANNEXURE A5 TRUE COPY OF AGREEMENT DATED 15.12.2020 BETWEEN THE PETITIONER AND THE 2ND RESPONDENT AND HIS FATHER M.P.BABY

ANNEXURE A6 THE NOTARISED AFFIDAVIT OF THE DEFACTO COMPLAINANT THROUGH HIS POWER OF ATTORNEY