Pramod vs State Of Kerala
2022 Latest Caselaw 4958 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
     WEDNESDAY, THE 4TH DAY OF MAY 2022 / 14TH VAISAKHA, 1944
                        CRL.MC NO. 1390 OF 2022
  AGAINST THE ORDER/JUDGMENT IN CC 730/2016 OF SPECIAL COURT OF
 JUDICIAL MAGISTRATE OF FIRST CLASS FOR TRIAL OF CASES U/S.138 NI
                              ACT(JMFC XI)
PETITIONER/S:

    1     PRAMOD
          AGED 35 YEARS
          PANAYIL HOUSE, KNRA-B5, GYM LANE, WINNERS NAGAR,
          THURUTHUMOOLA WARD, PEROORKADA VILLAGE,
          THIRUVANANTHAPURAM DISTRICT., PIN - 695005
    2     SANAL
          AGED 32 YEARS
          S/O. VISHWANATHAN,
          VISHWA VIHAR HOUSE, WNRA B7, GYM LANE,
          WINNERS NAGAR, THURUTHUMOOLA WARD,
          PEROORKADA VILLAGE,
          THIRUVANANTHAPURAM DISTRICT., PIN - 695005

          BY ADV SHAJIN S.HAMEED


RESPONDENT/S:

    1     STATE OF KERALA
          HIGH COURT OF KERALA, ERNAKULAM.
          ERNAKULAM, PIN - 682031

    2     NAGENDRAN @ KANNAN
          AGED 46 YEARS
          S/O. RAVEENDRAN,
          AMMA VEEDU, GYM LANE, WINNERS NAGAR,
          THURUTHUMOOLA WARD, PEROORKADA VILLAGE,
          THIRUVANANTHAPURAM DISTRICT., PIN - 695005

          BY ADVS.
          PUBLIC PROSECUTOR
          A.K.RAJESH


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.05.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 1390 OF 2022
                                   2



                      ORDER

Dated this the 04th day of May, 2022

Petitioners are the accused in Crime No. 562 of 2016

of Peroorkada Police Station, Thiruvanathapuram District.

2. The above case is registered against the

petitioners alleging offences punishable under Sections

457 and 427 read with Section 34 of the Indian Penal

Code. The learned Judicial First Class Magistrate Court-XI,

Thiruvanathapuram took cognizance of the offences, and

CC No. 730/2016 is pending before that Court pursuant to

that crime.

3. The prayer of the petitioners is to quash Crime

No. 562/2016, as the dispute is amicably settled

between them and the 2nd respondent/de facto

complainant. Affidavit and vakkalath of the de facto

complainant is on board. The de facto complainant has

sworn before this Court that, the dispute is settled and he

does not want to proceed with the matter, and he has no

objection in quashing the Crime No. 562/2016 of CRL.MC NO. 1390 OF 2022

Peroorkada Police Station. The dispute involved is of a

private nature and no public interest is involved.

4. Since the matter is amicably settled and the de

facto complainant has no objection in quashing the crime.

This Crl.M.C. is allowed. Crime No. 562 of 2016 of

Peroorkada Police Station, Thiruvanathapuram District,

and proceedings in CC No. 730/2016 pursuant thereto are

hereby quashed. The petitioners are set at liberty

forthwith, cancelling the bail bond, if any executed by

them.

This Criminal M.C. is disposed of as above.

Sd/-

SOPHY THOMAS JUDGE LU CRL.MC NO. 1390 OF 2022

APPENDIX OF CRL.MC 1390/2022

PETITIONER ANNEXURES

Annexure-A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.562/2016 OF PEROORKADA POLICE STATION.

Annexure-B AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT/CW1.

// True Copy // PA To Judge