Jethro Varghese vs State Of Kerala
2022 Latest Caselaw 4463 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
     TUESDAY, THE 12TH DAY OF APRIL 2022 / 22ND CHAITHRA, 1944
                       CRL.MC NO. 6662 OF 2021
   CRIME NO.652/2017 OF Kottayam East Police Station, Kottayam
  CC 43/2018 ON THE FILES OF CHIEF JUDICIAL MAGISTRATE ,KOTTAYAM
PETITIONERS/ACCUSED:

    1     JETHRO VARGHESE ,
          AGED 24 YEARS
          S/O ITTY VARGHESE, PARAYIL HOUSE, KALLISSERRY VILLAGE,
          CHENGANNUR TALUK, ALAPPUZHA VILLAGE 689 124.
    2     JESSAL ITTY VARGHESE,
          S/O ITTY VARGHESE, PARAYIL HOUSE, KALLISSERRY VILLAGE,
          CHENGANNUR TALUK, ALAPPUZHA VILLAGE 689 124.
    3     REVATHY KRISHNAKUMAR,
          W/O. KRISHNA KUMAR,
          ARUN HOUSE, SNEHATHEERAM LANE, THOTTUMUKKHAM VILLAGE,
          ALUVA TALUK 683 105.
          BY ADVS.
          T.P.PRADEEP
          R.K.PRASANTH
          MINIKUMARY M.V.


RESPONDENTS/STATE & DEFACTO COMPLAINANT:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
          682 031.
    2     THOMASKURUVILA,
          S/O N G KURUVILA 19B, SKYLINE HILL VIEW APPARTMENT,
          MUTTAMPALAM P.O., KOTTAYAM DISTRICT 686 002.
          BY ADV REVIPRASAD R.
          BY SMT. M.K.PUSHALATHA, PP



     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.6662 OF 2021

                                   2




                                ORDER

Dated this the 12th day of April, 2022

Petitioners are accused Nos.1 to 3 in C.C.

No.43/2018 on the file of Chief Judicial Magistrate,

Kottayam and the offences alleged against the

petitioners are under Sections 457, 380, 465, 471 and

34 of the Indian Penal Code.

2. The allegation is that on 21.04.2017, the

accused persons committed theft of a car bearing

registration No.KL-08-AD-2828 and a laptop from the

huse of the defacto complainant and sold the car

forging duplicate RC book and thereby committed the

aforesaid offences.

3. Heard the learned counsel for the petitioners,

the learned Public Prosecutor as well as the learned

counsel for the second respondent.

4. It is submitted by respective counsel that the

petitioners and the second respondent have arrived at Crl.MC.No.6662 OF 2021

anamicable settlement and Annexure B is the affidavit

filed. The affidavit, inter alia, state that all the disputes

are settled and that the pendency of criminal

proceeding would cause hardship to all the parties.

5. From the submission across the Bar and

perusing the criminal M.C. and the affidavit referred

above, I am satisfied that there has been an amicable

settlement and that there is no vitiating circumstances

in the respondent filing the affidavit. No purpose will

be served by continuing the proceedings in the above

circumstances. It is submitted by the learned Public

Prosecutor that the statement of the defacto

complainant has also been taken to verify the

genuineness of the settlement.

6. In view of the judgment of the Hon'ble Supreme

Court in Gian Singh v. State of Punjab and

another [2012 (10) SCC 303] and considering the

facts and circumstances of the case and in exercise of

power of this Court under Section 482 of the Code of

Criminal Procedure, I hereby quash Annexure A Final Crl.MC.No.6662 OF 2021

Report and all further proceedings in C.C.No.43 of

2018 on the files of the Chief Judicial Magistrate,

Kottayam against these petitioners. The Crl.MC is

allowed as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE SSK/12/04 Crl.MC.No.6662 OF 2021

APPENDIX PETITIONER'S:

Annexure A CERTIFIED COPY OF FINAL REPORT IN C C NO.

43/2018 ON THE FILES OF CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM.

Annexure B TRUE COPY OF THE AFFIDAVIT OF THE 2ND RESPONDENT.

RESPONDENT'S EXHIBITS:NIL


SSK                      //TRUE COPY//          PA TO JUDGE