Luke Antony vs State Of Kerala
2021 Latest Caselaw 18976 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE K.HARIPAL
    FRIDAY, THE 10TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943
                        CRL.MC NO. 4129 OF 2017
        CC 2936/2016 OF JUDICIAL FIRST CLASS MAGISTRATE'S COURT,
                         CHALAKKUDY, THRISSUR
  CRIME NO. 1494 OF 2015 OF CHALAKKUDY POLICE STATION, THRISSUR
PETITIONERS/ACCUSED:

    1        LUKE ANTONY
             AGED 73 YEARS
             S/O. ANTONY, KOCHERY HOUSE,
             KURISHUMOOD DESOM AND POST,
             VAZHAPPILLY EAST VILLAGE,
             CHANGANASSERY TALUK,
             KOTTAYAM DISTRICT 686 106

    2        THRESSIA LUKE KOCHERY
             AGED 67 YEARS, W/O. LUKE, KOCHERY HOUSE,
             KURISHUMOOD DESOM AND POST,VAZHAPPILLY EAST VILLAGE,
             CHANGANASSERRY TALUK, KOTTAYAM DISTRICT 686 106

             BY ADVS.
             SRI.K.S.HARIHARAPUTHRAN
             SRI.DIPU JAMES
             SRI.GEORGE MATHEW
             SRI.M.D.SASIKUMARAN
             SRI.SUNIL KUMAR A.G
             SRI.SETHURAM DHARMAPALAN
RESPONDENTS/STATE & DE-FACTO COMPLAINANT:

    1        STATE OF KERALA
             REPRESENTED BY SUB INSPECTOR OF POLICE
             CHALAKKUDY POLICE STATION,
             THRISSUR DISTRICT 680 307
             THROUGH PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA,ERNAKULAM

    2        DEVADAS
             AGED 47 YEARS, S/O. PARAMESHWARAN,
             MAMPILLY HOUSE, MOTHIRAKANNI DESOM,
             PARIYARAM VILLAGE,CHALAKKUDY TALUK,
             THRISSUR DISTRICT 680 721

             R1 BY SRI. HRITHWIK C.S., SENIOR PUBLIC PROSECUTOR
     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.M.C.No.4129 OF 2017            2




                                ORDER

Petitioners are the accused in C.C. No. 2936/2016 pending

before the Judicial First Class Magistrate, Chalakudy which was

taken on file on the basis of a final report in Crime No. 1494/2015

of Chalakudy police station. Now petitioners face allegations under

Sections 406, 468, 408 read with 34 of the Indian Penal Code. They

moved this Court under Section 482 of the Code of Criminal

Procedure for quashing the entire proceedings. The second

respondent is the defacto complainant in the crime.

2. During the pendency of this petition, the matter stands

settled between the petitioners and the second respondent. The

second respondent has filed an affidavit stating that the entire

matter has been settled and he has no objection in quashing the

proceedings in C.C. No. 2936/2016.

3. I heard the learned counsel for the petitioners and also

the learned Senior Public Prosecutor.

4. Patently, it was a monetary transaction between the

petitioners and the second respondent which stands patched up

between them. In the light of the settlement, there is no purpose in

continuing the proceedings in C.C. No. 2936/2016. Therefore, this

is eminently a suitable case for invoking jurisdiction under Section

482 of the Code of Criminal Procedure. The entire proceedings in

C.C. No. 2936/2016 pending before the Judicial First Class

Magistrate, Chalakudy are hereby quashed.

Crl. M. C. is allowed as above.

SD/-

K.HARIPAL

JUDGE

DCS/14.09.2021

APPENDIX

PETITIONER'S ANNEXURE

ANNEXURE A1 TRUE COPY OF COMPLAINT DTD 08-07-2015 FILED BY 2ND RESPONDENT WITH DPC,THRISSUR

ANNEXURE A2 TRUE COPY OF THE FIR IN CR.NO 1494 OF 2015 DATED 08-07-2015 OF CHALAKUDY POLICE STATION

ANNEXURE A3 TRUE COPY OF THE FINAL REPORT DTD 30-06-

2016 IN CR. NO 1494 OF 2015 OF CHALAKUDY POLICE STATION

ANNEXURE A4 TRUE COPY OF JUDGMENT DTD 28-03-2017 IN O.S NO 118 OF 2015 ADDL. SUBORDINATE JUDGE'S COURT, IRINJALAKUDA