Sunny Sreedharan vs The State Of Kerala
2021 Latest Caselaw 20464 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE K.HARIPAL
         FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                        CRL.MC NO. 4568 OF 2020
 AGAINST THE ORDER/JUDGMENT IN CC 25/2015 OF JUDICIAL MAGISTRATE OF
                  FIRST CLASS , ADOOR, PATHANAMTHITTA
PETITIONERS/ACCUSED 1 & 2:

     1      SUNNY SREEDHARAN
            AGED 55 YEARS
            S/O. SREEDHARAN, ALUMMOOTTIL HOUSE, THONNALLOOR MURI,
            PANDALAM, PATHANAMTHITTA DISTRICT

     2      KRISHNANKUTTY
            AGED 75 YEARS
            S/O. KARUTHAKUTTY, KOTTAKATTETHU, PONAKAM MURI,
            THEKKEKARA VILLAGE, MAVELIKKARA, ALAPPUZHA DISTRICT

            BY ADVS.
            S.SHANAVAS KHAN
            SMT.S.INDU



RESPONDENTS/STATE/LEGAL HEIRS OF COMPLAINANT:

     1      THE STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA, ERNAKULAM

     2      SHOUKATHAMEER N. @ NOUSHAD
            AGED 49 YEARS
            S/O. KUNHIMON.M.K., NALAKKATH HOUSE, KOTTAPPADY,
            THAMARAYOOR P.O., CHAVAKKAD, THRISSUR DISTRCT-680 506

     3      SURUJA MAJEED
            AGED 32 YEARS
            D/O. LATE SHAILAJA BEEVI, MULLOOR MANZIL,MANNADY P.O.,
            ADOOR, PATHANAMTHITTA DISTRICT-691 530

     4      HAJIRA MAJEED
            AGED 23 YEARS
            D/O. LATE SHAILAJA BEEVI, MULLOOR MANZIL,MANNADY P.O.,
 CRL.MC NO. 4568 OF 2020
                                2

          ADOOR, PATHANAMTHITTA DISTRICT-691 530

    5     ADHIL ABDUL MAJEED
          AGED 18 YEARS
          S/O. LATE SHAILAJA BEEVI, MULLOOR MANZIL,MANNADY
          P.O., ADOOR, PATHANAMTHITTA DISTRICT-691 530

    6     ANVER ABDUL MAJEED
          S/O. LATE SHAILAJA BEEVI, MULLOOR MANZIL,MANNADY
          P.O., ADOOR, PATHANAMTHITTA DISTRICT-691 530

          BY ADV VIDHU M.UNNITHAN




     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.10.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 4568 OF 2020
                                       3

                                  ORDER

Petitioners are the accused in C.C No. 25/2015 on the file of the Judicial

First Class Magistrate's Court Adoor, which was taken on file on the basis

of the final report in crime No.586/2014 of Enathu Police Station. The

crime was registered on the basis of a private complaint moved by one

Shailaja Beevi, which was forwarded to the police for investigation; on

conclusion of investigation charge sheet was laid alleging offence under

Section 420 of IPC., Sections 13 and 17 of Money Lenders Act and Section

3 read with 9(9) of Prohibition of Charging of Exhorbitant Interest Act.

Meanwhile the petitioners who are the accused Nos. 1 & 2, moved this

Court for quashing the proceedings under Section 482 of the Cr.P.C. Now it

is submitted that the defacto complainant who is CW 1 in the charge sheet is

no more. During the pendency of these proceedings the petitioners have

reached a settlement with the second respondent, the husband of the

deceased CW 1 and her children and in support of the same Annexures D to

H affidavits also have been produced. In all the affidavits it is specifically

stated that the matter has been settled between the parties without any

compulsion or gratification, that they have no objection in quashing the CRL.MC NO. 4568 OF 2020

proceedings.

2. The learned Senior Public Prosecutor has also confirmed that such

a settlement has been reached between the petitioners and the legal

representatives of the defacto complainant. In the light of such settlement

of the dispute which is purely personal in nature, there is no legal

impediment in quashing the proceedings. Therefore entire proceedings in

C.C.No.25/2015 pending before the Judicial First Class Magistrate's Court,

Adoor shall stand quashed and the petitioners shall exonerated.

Crl.M.C. is allowed as above.

SD/-

K.HARIPAL JUDGE

VKD/04/10/2021 CRL.MC NO. 4568 OF 2020

APPENDIX OF CRL.MC 4568/2020

PETITIONER ANNEXURE

ANNEXURE-A TRUE COPY OF THE DEATH CERTIFICATE DATED 18.09.2020 ISSUED BY EZHAMKULAM PANCHAYAT

ANNEXURE-B CERTIFIED COPY OF THE FIR IN CRIME NO.586/2014 OF EANTHU POLICE STATION

ANNEXURE-C CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO.586/2014 OF ENATHU POLICE STATION

ANNEXURE-D TRUE COPY OF THE AFFIDAVIT OF THE SECOND RESPONDENT EVIDENCING THE FACTUM OF SETTLEMENT

ANNEXURE-E TRUE COPY OF THE AFFIDAVIT OF THE THIRD RESPONDENT EVIDENCING THE FACTUM OF SETTLEMENT

ANNEXURE-F TRUE COPY OF THE AFFIDAVIT OF THE FOURTH RESPONDENT EVIDENCING THE FACTUM OF SETTLEMENT

ANNEXURE-G TRUE COPY OF THE AFFIDAVIT OF THE FIFTH RESPONDENT EVIDENCING THE FACTUM OF SETTLEMENT

ANNEXURE-H TRUE COPY OF THE AFFIDAVIT OF THE SIXTH RESPONDENT EVIDENCING THE FACTUM OF SETTLEMENT