Samson vs State Of Kerala
2024 Latest Caselaw 16829 Ker

Kerala High Court

Samson vs State Of Kerala on 12 June, 2024

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
             THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
    WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
                      CRL.MC NO. 4067 OF 2024
        CRIME NO.85/2017 OF Eloor Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.616 OF 2017 OF JUDICIAL
FIRST CLASS MAGISTRATE COURT, KALAMASSERY
PETITIONERS/ACCUSED NO. 1 TO 4:

    1      SAMSON
           AGED 31 YEARS
           S/O. STEPHEN T A, THARAYIL HOUSE,
           MAMANGALAM, PALARIVATTOM P.O,
           ERNAKULAM DISTRICT, PIN - 682025

    2      CHARLSON
           AGED 29 YEARS
           S/O. STEPHEN T A, THARAYIL HOUSE,
           MAMANGALAM, PALARIVATTOM P.O,
           ERNAKULAM DISTRICT, PIN - 682025

    3      NITHIN
           AGED 36 YEARS
           S/O. GEORGE, PALLINJALIL HOUSE,
           KAITHARAM KARA, KOTTUVALLI VILLAGE,
           NORTH PARAVOOR, ERNAKULAM DISTRICT,
           PIN - 683519

    4      NAIJAN
           AGED 38 YEARS
           S/O. XAVIER, PALAKKAPARAMBU HOUSE,
           MATHIRAPPILLI LANE, CHERANALLOOR VILLAGE,
           ERNAKULAM DISTRICT,
           PIN - 683544

          BY ADVS.
             VIPIN VARGHESE
             T.U.SUJITH KUMAR
 CRL.MC NO.4067 OF 2024
                             2



RESPONDENTS/STATE & DEFACTO COMPLAINANTS:

    1    STATE OF KERALA
         REPRESENTED BY THE PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, ERNAKULAM DISTRICT,
         PIN - 682031

    2    RATHEESH
         AGED 43 YEARS
         S/O. RAPHEL, NADUVILATHARA HOUSE,
         EDAKKOCHI VILLAGE, PALLURUTHY,
         ERNAKULAM DISTRICT, PIN - 682006

    3    SUNI
         AGED 37 YEARS
         W/O. RATHEESH, NADUVILATHARA HOUSE,
         EDAKKOCHI VILLAGE, PALLURUTHY,
         ERNAKULAM DISTRICT, PIN - 682006

         BY ADV
            M P PRASANTH - PP


    THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 12.06.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
 CRL.MC NO.4067 OF 2024
                                3



                         ORDER

Dated this the 12th day of June, 2024

This Criminal Miscellaneous Case has been filed

under Section 482 of the Code of Criminal Procedure,

1973, to quash the proceedings in C.C No.616/2017

pending on the files of the Judicial First Class Magistrate

Court, Kalamassery.

2. Heard the learned counsel for the petitioner, the

learned counsel appearing for the de facto complainant

and the learned Public Prosecutor.

3. In this matter, offences punishable under

Sections 452, 324, 294(b), 506(ii) and 427 r/w Section 34

of IPC are alleged to have been committed by the accused.

4. It is submitted that the matter has been amicably

settled and the de facto complainant filed affidavit in this

regard.

5. The learned Public Prosecutor also submitted

that the matter has been settled between the parties and CRL.MC NO.4067 OF 2024

statement of the de facto complainant to that effect has

been recorded.

6. Since the dispute has been settled in between

the parties there is no reason to disallow the prayer for

quashment, so as to facilitate peaceful living of the parties

hereinafter. Therefore, in the interest of justice, I am

inclined to allow this petition.

In the result, this petition stands allowed and the

proceedings in C.C No.616/2017 pending on the files of the

Judicial First Class Magistrate Court, Kalamassery stand

quashed.

Sd/-

A. BADHARUDEEN JUDGE MSA CRL.MC NO.4067 OF 2024

PETITIONER ANNEXURES

Annexure-A1 A CERTIFIED COPY OF THE CHARGE SHEET DATED 25.01.2017 IN C.C NO. 616/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KALAMASSERY.

Annexure-A2 ORIGINAL OF THE AFFIDAVIT SWORN INTO BY THE SECOND RESPONDENT SIGNED DATED 27.04.2024.

Annexure-A3 ORIGINAL OF THE AFFIDAVIT SWORN INTO BY THE THIRD RESPONDENT SIGNED DATED 27.04.2024.