Ramani vs State Of Kerala
2021 Latest Caselaw 7413 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

               THE HONOURABLE MR. JUSTICE P.SOMARAJAN

    WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942

                      OP(Crl.).No.380 OF 2020

  AGAINST THE ORDER IN CMP 1028/2020 IN ST 2112/2013 OF JUDICIAL
              MAGISTRATE OF FIRST CLASS, ERATTUPETTA

    CRIME NO.923/2013 OF ERATTUPETTAH POLICE STATION, KOTTAYAM


PETITIONER/2nd ACCUSED:

             RAMANI, AGED 58 YEARS,
             W/o LATE RADHAKRISHNAN,
             ANANDASADANAM, PANACHIKAPPARA,
             POONJAR NADUBHAGHAM VILLAGE,
             POONJAR P.O., PIN-686 581.

             BY ADVS.SRI.S.SUDHISH KUMAR
                     SMT.GOPIKA.N.NAIR

RESPONDENTS/STATE/DEFACTO COMPLAINANT:

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

      2      B.NANDAGOPAN,
             S/o BALAKRISHNA MENON,
             PURAYIDATHIL HOUSE, PANCHIKKAPPARA,
             POONJARNADU BHAGAM VILLAGE,
             POONJAR P.O., PIN-686 581.

             R2 BY SRI.V.RAJENDRAN PERUMBAVOOR, SC, INDIA COFFEE
             BOARD WORKERS CO.OPERATIVE SOCIETY LIMITED
             R1 BY PUBLIC PROSECUTOR SRI. RAMESH CHAND



     THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON 03.03.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(Crl) No.380 of 2020             2




                                 JUDGMENT

Challenging Ext.P4 order regarding the question of

sustainability of offence under Section 291 r/w Section

34 IPC, the accused came up. The trial so far not

commenced. Now the matter is settled between the

parties. A compromise petition signed by the parties

also filed. As such, if it is proceeded further, it

will not serve any purpose. Hence, Ext.P4 order is set

aside. The matter is remanded back to the trial court

for fresh consideration in view of the settlement

arrived at by the parties. The parties shall appear

before the trial court on 24.03.2021.

O.P.Crl. is allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE DMR/-

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE COMPLAINT NUMBERED AS CMP NO.4108/2013 FILED BY THE 2ND RESPONDENT BEFORE THE LEARNED MUNSIFF MAGISTRATE COURT, ERATTUPETTA.

EXHIBIT P2 A TRUE COPY OF THE FINAL REPORT IN CRIME 923/2013 DATED 04.09.2013 FILED BY THE SHO, ERATTUPETTA BEFORE THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE COURT, ERATTUPETTA.

EXHIBIT P3 A TRUE COPY OF THE JUDGMENT IN CRL.MC NO.6542/2014 DATED 27.05.2020 OF THIS HON'BLE HIGH COURT OF KERALA AT ERNAKULAM.

EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 30.09.2020 IN CMP NO.1028/2020 IN ST NO.2112/2013 OF THE JUDICIAL FIRST CLASS MAGISTRATE, ERATTUPETTA.

RESPONDENTS' EXHIBIT:       NIL


                                                   // TRUE COPY   //



                                                    P.A. TO JUDGE