Kerala High Court
Tiji Danial vs The Sub Inspector Of Police on 7 May, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 07TH DAY OF MAY 2021 / 17TH VAISAKHA, 1943
Crl.MC.No.6995 OF 2018(D)
IN CC 797/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I,
CHALAKUDY
PETITIONERS/ACCUSED NOS 1 TO 3:
1 TIJI DANIAL,
AGED 32 YEARS
D/O T.D.DANIEL
JOHNS VILLA THALAYANATHARAYIL VEEDU
CLRA 26, CHEMBISSERY LANE
VADAMA VILLAGE, TRIPUNITHURA
ERNAKULAM-682301
2 T.D. DANIEL,
AGED 68
JOHNS VILLA, THALAYANATHARAYIL VEEDU
CLRA 26
CHEMBISSERY LANE,
VADAMA VILLAGE, TRIPUNITHURA,
ERNAKULAM-682301
3 GRACY DANIEL,
AGED 68 YEARS
JOHNS VILLA, THALAYANATHARAYIL VEEDU
CLRA 26
CHEMBISSERY LANE,
VADAMA VILLAGE, TRIPUNITHURA
ERNAKULAM-682301
BY ADVS.
SRI.G.HARIHARAN
SRI.PRAVEEN.H.
SMT.K.S.SMITHA
SMT.T.T.SHANIBA
SRI.M.V.VIPINDAS
SRI.V.R.SANJEEV KUMAR
RESPONDENTS:
1 THE SUB INSPECTOR OF POLICE
ALOOR POLICE STATION
KALLETTUMKARA, ALOOR, THRISSUR
Crl.MC.No.6995 OF 2018(D) 2
2 ROY POULOSE,
S/O. POULOSE, PANAMKOODAN HOUSE,
KALLETTUMKARA VILLAGE,
MUKUNDAPURAM TALUK,
THRISSUR 682301
R1 BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
07.05.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.6995 OF 2018(D) 3
GOPINATH P, J
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Crl.M.C.No.6995 of 2018
------------------------------------
Dated this the 7th day of May, 2021
ORDER
The petitioners are the accused in C.C No.797/2018 on
the file of the Judicial First Class Magistrate Court I,
Chalakkudy, alleging commission of offences under Sections
406, 417 and 420 r/w Section 34 of the Indian Penal Code.
This Crl.M.C was filed to quash C.C.No.797/2018.
2. It is submitted that when the matter was pending
before this Court, the issues have been settled between the
petitioners and the 2nd respondent/de facto complainant.
Reference is made to Annexure A4 mediation agreement
dated 30.3.2021 between the 1 st petitioner and the 2 nd
respondent and Annexure A5 affidavit of the 2nd respondent.
It is also pointed out that the case came to be registered only
on account of matrimonial dispute between the 1 st petitioner
and the 2nd respondent.
3. I have heard the learned counsel for the respective
parties and the learned Public Prosecutor for the State of
Kerala.
4. A reference to the pleadings in this case and the
materials placed on record show that the issues have been
settled between the parties. No useful purpose will be served
by allowing the criminal proceedings to continue. No public
interest is involved in the matter. Therefore, keeping in mind
the principles laid down by the Hon'ble Supreme Court in
Gian Singh vs. State of Punjab and another [2012(4) KLT
108] and Parbatbhai Aahir and others vs. State of
Gujarat and another [(2017) 9 SCC 641], this is a case
where the jurisdiction of this Court under Section 482 of
Cr.P.C can be invoked in order to secure the ends of justice.
In the result, this Crl.M.C is allowed. C.C No.797/2018
on the file of the Judicial First Class Magistrate Court-I,
Chalakkudy will stand quashed as against the petitioners.
Sd/-
GOPINATH P.
ab JUDGE
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE FINAL REPORT ISSUED
TO THE 1ST ACCUSED /ST PETITIONER BY
THE JURIDICAL FIRST CLASS MAGISTRATE
COURT, CHALAKUDY IN CONNECTION WITH CC
797/2018
ANNEXURE A2 TRUE COPY OF THE JUDGMENT DATED
06/04/2018 IN WP (CRL) 99/18 PASSED BY
THIS HON'BLE COURT
ANNEXURE A3 TRUE COPY OF THE CUSTODY PETITION O.P.
NO. 404/2018 FILED BY THE 2ND
RESPONDENT BEFORE THE FAMILY COURT
IRINJALAKUDA
ANNEXURE A4 COPY OF THE MEDIATION SETTLEMENT
AGREEMENT DATED 30.3.2021
ANNEXURE A5 COPY OF THE AFFIDAVIT SWORN TO BY THE
2ND RESPONDENT/DE FACTO COMPLAINANT
RESPONDENTS EXHIBITS : NIL
