Kerala High Court
Venugopal vs State Of Kerala on 21 November, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
EN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 2157 DAY OF NOVEMBER 2024 / 30TH KARTHIKA, 1946
CRLLMC NO, 6573 OF 2039
CRIME NO.278/2608 OF ERUMELI POLICE STATION, KOTTAYAM
AGAINST THE ORDER DATED IN CC NO.185 OF 2018 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I,KANJZIRAPPALLY
PELL LIONERSCGUSED NOG.
VENUGOPAL
AGED 65 YEARS
S/0.RAGHAVAN PILLAI, VENU SADANAM, MYLOM MURT,
MYLOM.P.0., MYLOM VILLAGE, KOTTARAKKARA TALUK,
KOLLAM DISTRICT-691 566
BY ADVS.
K.C. SANTHOSHKUMAR
SMT .K.K. CHANDRALEKHA
ATE EFACT MPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 831
2 THE STATION HOUSE OFFICER,
ERUMELT POLICE STATION, KOTTAYAM DZISTRICT-666 569
3 RAZAK
$/0.MAMMU, PULITHARA NIKARTHIL, PANAVALLI VILLAGE,
CHERTHALA TALUK, ALAPPUZHA DISTRICT
PIR -~6BE 524
CRL.MC NG.6573 OF 2619
BY ADVS.
SRI.DEVADAS H. MALLAN
SRI.MANU ROY(M-660} (FOR R3)
SRI.RENJITH.T.R, SR PP
THIS CRIMINAL MISC. CASE HAVING
ON 21.11.2624, THE COURT ON THE
FOLLOWING:
COME UP FOR ADMISSION
SAME DAY PASSED THE
2024: KER: 87259
CRL.MC NO.6573 OF 2619
P.V. KUNHIKRISKNAN, J.
Dated this the 21* day of November, 2624
ORDER
This Crt.M.C is filed to quash the
proceedings in CC No.185/2018 on the files of
Judicial First Class Magistrate Court,
Kanjirappalli, arising from Crime WNo.278/2008 of
Erumeli Police Station.
2, when this case came up for
consideration, this Court referred the matter for
mediation. Now, it is submitted that, the matter is
settled. A memorandum of settlement signed by both
parties are produced. As per the settlement, the
amount agreed to be paid, is also paid by the
petitioner is the submission. If that is the case,
the continuation of the prosecution can be quashed.
3. Therefore, this Cri.m.C is allowed.
Ly
2024: KER: 87259
CRL.MC NO.6573 OF 2019
ALL further proceedings against the petitioner in
CC No.185/2018 on the files of Judicial First Class
Magistrate Court, Kanjirappalli, arising from Crime
No.278/2008 of Erumel1l Police Station, are quashed,
The memorandum of settlement will form part
of this order.
Sd/-
P.¥.KUNHIKRISHNAN
JUDGE
CRL.MC NC.6573 OF 2619
PETITIONER'S ANNEXURES
ANNEXURE A
ANNEXURE B
Annexure ¢
THE COPY OF THE FIRST INFORMATION REPORT
DATED 16.18.2668 IN CRIME NO.278/2668 OF
ERUMELU POLICE STATION AND THE FIRST
INFORMATION STATEMENT ANNEXRED THEREIN
THE COPY OF THE FINAL REPORT DATED
28.62.2616 SUBMITTED BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE COURT NO.IT,
KANJTRAPPALLI
THE TRUE COPY OF THE JUDGMENT DATED
22.63.2018 IN C.C.NO.193/2616 ON THE FILE
OF THE JUDICIAL FIRST CLASS MAGISTRATE
COURT NO.II, KANJIRAPPALLI
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT
ERNAKULAM
Venugopal : Petitioner
Vs.
State of Kerala & Others : Respondents
MEMORANDUM OF SETTLEMENT FILED UNDER SECTION 89 OF THE
CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE CIVIL
PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION), RULES, 2008:
Both parties appeared for Mediation on 15/11/2024 and the matter has been
settied as per the following terms and conditions:
1. The Petitioner/Accused agreed to pay an amount of Rs.10,000/-towards
monetary compensation to the 3" Respondent/Defacto Complainant and the
3" Respondent is herewith agreed to file a compounding petition and an
affidavit in the above case before this Hon'ble High Court in
Cril.MC.6573/2019 against the proceedings in Crime No.278/2008 of Erumeli
Police Station, Kottayam District now pending before the JFCM Court,
Kanjirapally in C.C.No.185/2018.
?. Petitioners/Accused has agreed to pay an amount of Rs.10,000/-(Rupees
ten thousand only) towards monitory compensation on or before 30/11/2024.
3, Respondents No.1 & 2 are only formal parties and not signatories to this
settiment agreement.
4.in case of default the 3rd respondent will be free to proceed as per the law.
Dated this the 15th day of November, 2024.
Petitioner 37 Respondent
Venugopal Raza
Cus? | Sa
Counsel for the Petitioner Counsel for the 3 Responden .
ko? . SQ@uboe ah. Kuna weld +A Prallen
Ay Bis, Pay K- Urwfot-
This settlement agreement is authenticated by me.Adv.Veena M, (Mediator)
