Kerala High Court
M.T.Abraham vs State Of Kerala on 19 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
CRL.MC NO. 4431 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 299/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,
TRIPUNITHURA, ERNAKULAM
PETITIONER/ACCUSED:
M.T.ABRAHAM
AGED 51 YEARS
S/O M.M.THOMAS, MADAMAKKAL HOUSE, ELUMANA ROAD, EROOR SOUTH.P.O,
TRIPUNITHURA,
ERNAKULAM DISTRICT.
BY ADV K.K.SATHISH
RESPONDENTS/COMPLAINANT & DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, KOCHI-31.
2 THE SUB INSPECTOR OF POLICE,
HILL PALACE POLICE STATION, TRIPUNITHURA,
PIN-682301.
3 VIJAYALAKSHMIYAMMA,
W/O SANKARAN NAIR, MADASSERIL HOUSE, NEAR ELUMANAKKAL TEMPLE,
EROOR, NADAMA VILLAGE, PIN-682306.
4 VINODKUMAR,
S/O VIJAYALAKSHMIYAMMA, MADASSERIL HOUSE, NEAR ELUMANAKKAL
TEMPLE, EROOR,
NADAMA VILLAGE, PIN-682306.
OTHER PRESENT:
SR.PP - SRI. HRITHWIK C.S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19.11.2021, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.4431 of 2021
2
ORDER
An unnecessary lingering came in the mind of the
Magistrate, inspite of Annexure-A4 order of this Court, has
driven the petitioner to approach this Court with a second
application under Section 482 of the Cr.P.C. for quashing the
proceedings against the petitioner against whom offence under
Sections 468, 471, 420 of the IPC were alleged.
2. At first, the parties approached the trial Court with C.M.P. No.
3153 of 2018 intimating the settlement. But for the reason that
offence under Section 468 and 471 are not compoundable, that
application was dismissed by Annexure-A3 order. Then the
petitioner has approached this Court with Crl. M.C. No. 5140 of
2019 by Annexure-A4 order giving sufficient hinds and also
citing the decisions in Madan Mohan Abbot v. State of Punjab
[(2008) 4 SCC 582], Gian Singh v. State of Punjab and
another [(2012) 10 SCC 303] and Parbatbhai Aahir @
Parbatbhai Bhimsinhbai v. State of Gujarat and another
[(2017) 9 SCC 641] this Court quashed the proceedings. Still the
Crl.M.C. No.4431 of 2021
learned Magistrate seems to be not satisfied and directed the
petitioner to produce a clarification order from the High Court. I
do not know what is to be clarified despite the fact that the Court
had quashed Annexure-A3 order dated 24.10.2018 after taking
note of the affidavit of the 3rd respondent to the effect that the
dispute has been resolved amicably and they have no subsisting
grievance against each other.
4. Whatever it may be, it is quite obvious from the version
of the parties that the matter is settled and therefore, entire
proceedings in C.C. No. 299 of 2015 pending before the Judicial
First Class Magistrate's Court, Tripunithura are quashed and the
petitioner shall stand exonerated.
The Criminal Miscellaneous Case is allowed as above.
Sd/-
K. HARIPAL
JUDGE
RMV/19/11/2021
Crl.M.C. No.4431 of 2021
APPENDIX OF CRL.MC 4431/2021
PETITIONER ANNEXURE
Annexure A1 CERTIFIED COPY OF THE FIR FILED BY THE 2ND RESPONDENT IN
CRIME NO.396/2005.
Annexure A2 TRUE COPY OF THE COMPOUNDING PETITION I.E. CMP
NO.3153/2018 IN C.C NO.299/2015 FILED BY THE PETITIONER AND
THE 3RD RESPONDENT DATED 24-10-2018.
Annexure A3 TRUE COPY OF THE ORDER DATED 24-10-2018 IN CMP NO.3153/2018
IN C.C.NO.299/2015 PASSED BY THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, TRIPUNITHURA.
Annexure A4 TRUE COPY OF THE PROCEEDINGS SHEETS FOR THE PERIOD
FROM 5.2.2021 TO 27-8-2021 OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, TRIPUNITHURA IN C.C.NO.299/2015.
Annexure A5 TRUE COPY OF THE PROCEEDINGS SHEET FOR THE PERIOD
FROM 5-2-2021 TO 27-8-2021 OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT,TRIPUNITHURA IN C.CNO.299/2015.
