Jagadamma vs State Of Kerala
2023 Latest Caselaw 10544 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
                     CRL.MC NO. 4688 OF 2016
     AGAINST THE ORDER/JUDGMENT CC 106/2016 OF JUDICIAL
           MAGISTRATE OF FIRST CLASS COURT, RAMANKARY


PETITIONERS:

     1       JAGADAMMA
             AGED 65 YEARS,W/O.JAYANTHAN, FLAT NO.9D1,
             INTERNATIONAL GARDEN GATE MANJADI, THIRUVALLA.
     2       JAYANTHAN
             AGED 81 YEARS, S/O.K.K.NARAYANAN, FLAT NO.9D1,
             INTERNATIONAL GARDEN GATE MANJADI, THIRUVALLA.
             BY ADVS.
             SRI.P.R.VENKATESH
             SRI.G.KEERTHIVAS


RESPONDENTS:

     1       STATE OF KERALA REPRESENTED BY THE PUBLUC
             PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,
             KOCHI - 31

     2       ANIYANKUNJU J, S/O JOSEPH THOMAS,
             MAVUPARAMBIL VAZHAPRA, RAMANKARY, KUTTANAD.
             BY ADV.
             SRI. M.P. PRASANTH,       PP



         THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   16.10.2023,    THE   COURT   ON    THE   SAME   DAY   PASSED   THE
FOLLOWING:
 CRL. M.C. NO.4688 OF 2016


                                    2




            P.V.KUNHIKRISHNAN, J.
            --------------------------------
           Crl.M.C. No. 4688 of 2016
     ----------------------------------------------
   Dated this the 16th day of October, 2023


                            ORDER

The above Criminal Miscellaneous Case is

filed to quash the proceedings in C.C.

No.106/2016 before the Judicial First Class

Magistrate Court, Ramankary.

2. When this case came up for

consideration, the learned counsel appearing for

the petitioners submitted that the matter is

already settled as per the judgment delivered by

this Court in RFA No.523/2017 dated 14.02.20223.

If that be the case, nothing survives in this case.

The proceedings against the petitioners in the CRL. M.C. NO.4688 OF 2016

above case can be quashed.

Therefore, this Criminal Miscellaneous Case is

allowed. All further proceedings against the

petitioners in C.C. No.106/2016 on the file of

Judicial First Class Magistrate Court, Ramankary

are quashed.

Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE CRL. M.C. NO.4688 OF 2016

APPENDIX OF CRL.MC 4688/2016

PETITIONER ANNEXURES ANNEXURE-1 TRUE COPY OF LEGAL NOTICE DATED 12.11.2014 SENT BY THE 2ND RESPONDENT TO THE 1ST PETITIONER. ANNEXURE-2 TRUE COPY OF FIR DATED 2.4.2015 OF RAMANKARY POLICE STATION ALONG WITH FINAL REPORT IN CC NO.106/2016 AND STATEMENT FILED UNDER SECTION 161 OF CR. PC ANNEXURE-A3 TRUE COPY OF OS NO. 4/2015 FILED BEFORE THE SUB COURT, ALAPPUZHA BY THE 2ND RESPONDENT ANNEXURE-A4 TRUE COPY OF THE WRITTEN STATEMENT OF THE 1ST PETITIONER FILED IN ANSWER TO ANNEXURE-3 PLAINT.

RESPONDENTS EXHIBITS        :NIL


           //TRUE COPY//    PA TO JUDGE