Jithesh vs State Of Kerala
2024 Latest Caselaw 31216 Ker

Kerala High Court

Jithesh vs State Of Kerala on 1 November, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

CRL.MC NO. 1530 OF 2019                1



                                                  2024:KER:81457
              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

 FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946

                          CRL.MC NO. 1530 OF 2019

  CRIME NO.1419/2016 OF Narakkal Police Station, Ernakulam

          AGAINST THE ORDER/JUDGMENT DATED IN CC NO.933 OF 2017

OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NJARAKKAL

PETITIONER/S:

      1       JITHESH
              AGED 28 YEARS
              S/O.APPUKUTTAN, DEVASWAMPARAMBIL HOUSE,
              KOVILAKATHUM KADAVU, PALLIPURAM VILLAGE, KOCHI.

      2       LISSY,
              AGED 1 YEARS
              W/O.JAMES, AGED KOLOTHUM VEETTIL HOUSE,
              EDAVANAKKAD VILLAGE, KOCHI.

      3       LILLY
              AGED 1 YEARS
              W/O.JAMES, AGED KOLOTHUM VEETTIL HOUSE,
              EDAVANAKKAD VILLAGE, KOCHI.


              BY ADV PAUL VARGHESE


RESPONDENT/S:

      1       STATE OF KERALA
              REP. BY PUBLIC PROSECUTOR, HIGH COURT ERNAKULAM.
 CRL.MC NO. 1530 OF 2019                      2



                                                               2024:KER:81457
      2       SREEJA
              AGED 27 YEARS
              W/O.JITHESH, DEVASWAMPARAMBIL HOUSE, KOVILAKATHUM
              KADAVU, PALLIPPURAM VILLAGE, KOCHI-695316.

      3       APPUKUTTAN
              AGED 65 YEARS
              S/O.VELAYUDHAN, DEVASWAMPARAMBIL HOUSE,
              KOVILAKATHUM KADAVU, PALLIPPURAM VILLAGE, KOCHI-
              695316.

      4       SHEEBA
              AGED 55 YEARS
              W/O.SASI, ANCHALASSERY HOUSE, KUZHUPILLY KARA,
              EDAVANAKKAD VILLAGE, KOCHI-982501.



OTHER PRESENT:

              SRI.SANGEETHARAJ.N.R, PP


       THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   01.11.2024,          THE   COURT   ON       THE   SAME   DAY   PASSED   THE
FOLLOWING:
 CRL.MC NO. 1530 OF 2019          3



                                                2024:KER:81457



                  P.V.KUNHIKRISHNAN, J
                --------------------------------------
                  Crl.M.C. No.1530 of 2019
                --------------------------------------
          Dated this the 1st day of November, 2024



                           ORDER

This Criminal Miscellaneous case is filed to quash

the proceedings in CC No.933/2017 on the file of the

Judicial First Class Magistrate Court, Njarakkal. The above

case is charge-sheeted alleging offences punishable under

Secs.323, 506(i), 294(b) r/w 34 IPC. It is submitted that the

dispute between the petitioners and the victims are settled.

Annexure-D1 to D3 are the affidavits filed by the victims, in

which it is stated that they have no objection in quashing

the proceedings. The Public Prosecutor also submitted that

the matter is settled. In such circumstances, I am of the

considered opinion that continuation of the proceedings is

2024:KER:81457 not necessary. The dispute is private in nature.

Therefore, this Criminal Miscellaneous case is

allowed. All further proceedings against the petitioners in

CC No. 933/2017 on the file of the Judicial First Class

Magistrate Court, Njarakkal are quashed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

2024:KER:81457

PETITIONER ANNEXURES

ANNEXURE A COPY OF FIRST INFORMATION REPORT IN CRIME NO.1495/2016 OF MUNAMBAM POLICE STATION.

ANNEXURE B COPY OF FIRST INFORMATION REPORT IN CRIME NO.1419/2016 OF NJARAKKAL POLICE STATION.

ANNEXURE C COPY OF CHARGE SHEET IN C.C.NO.933/2017 OF JUDICIAL 1ST CLASS MAGISTRATE COURT, NJRAKKAL.