Pratheep Kumar vs The State Of Kerala
2022 Latest Caselaw 4960 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. 1006 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 660/2019 OF SPECIAL COURT
 OF JUDICIAL MAGISTRATE OF FIRST CLASS FOR TRIAL OF CASES
                      U/S.138 NI ACT(JMFC XI)
PETITIONER/ACCUSED:

               PRATHEEP KUMAR
               AGED 49 YEARS
               S/O.SUKUMARAN NAIR, T.C.93/1232, CRA-706(A),
               CHAYAKUDI ROAD, PETTAH WARD, VANCHIYOOR VILLAGE,
               THIRUVANANTHAPURAM DIST., PIN 695 024
               BY ADV N.J.ASHWIN


RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

    1          THE STATE OF KERALA
               REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF
               KERALA, ERNAKULAM PIN 682 031
    2          KRISHNA KUMAR
               S/O.RAJAN, AGED 30 YEARS, RESIDING AT SHYAM
               KRISHNA VEEDU, NEAR NEDUMAN DEVI TEMPLE,
               VATTAPPARA VILLAGE, KAZHUNAD WARD,
               THIRUVANANTHAPURAM DIST., PIN 695 043
               BY ADV S.JUSTUS
               MAYA M.N, PUBLIC PROSECUTOR


        THIS     CRIMINAL   MISC.   CASE   HAVING   COME   UP   FOR
ADMISSION ON 04.05.2022, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
 Crl.M.C.No.1006 of 2021                2




                      Crl.M.C.No.1006 of 2021
               -----------------------------------------------
                                ORDER

This Crl.M.C. has been filed by the sole accused in

Crime No.578/2019 of Vanchiyoor Police Station. On the basis

of that crime, cognizance has been taken in C.C.No.660/2019

which is now pending before the Judicial First Class Magistrate

Court-XI, Thiruvananthapuram. The offences alleged are under

Section 447, 294(b), 323 and 506 of I.P.C. The defacto

complainant is the Secretary of the Vanchiyoor Unit Committee

of Advocates' Clerk Association. Now the dispute between the

petitioner and the accused has been settled and the defacto

complainant filed affidavit before this court stating that the

matter has been settled and he has no complaints against the

petitioner/accused. He has no objection is quashing the FIR and

charge sheet, against the petitioner.

2. The dispute between the petitioner and the

defacto complainant is of a personal nature and no public

interest is involved.

So, Crl.M.C is allowed, quashing the FIR in Crime

No.578/2019 of Vanchiyoor Police Station and the proceedings

in C.C.No.660/2019 of Judicial First Class Magistrate Court-XI,

Thiruvananthapuram, pursuant to that crime. The bail bond if

any, executed by the petitioner shall stand cancelled, and he is

set at liberty forthwith.

Sd/-

SOPHY THOMAS, JUDGE.

Mn

APPENDIX OF CRL.MC 1006/2021

PETITIONER ANNEXURES ANNEXURE A1 CERTIFIED COPY OF FINAL REPORT IN C.C.NO.660/2019 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT- XI, THIRUVANANTHAPURAM.

ANNEXURE A2 AFFIDAVIT FILED BY THE DEFACTO COMPLAINANT DATED 21.1.2021.