Kerala High Court
Johny vs State Of Kerala on 17 October, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2024:KER:77716
Crl.MC Nos.6913/2017 & 5846/2015
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
CRL.MC NO. 6913 OF 2017
CRIME NO.507/2015 OF Kunnathunadu Police Station, Ernakulam
PETITIONERS/ACCUSED NOS.1 & 2:
1 JOHNY
S/O. VARGHESE, AGED 64 YEARS,
THEKKUMCHERIL HOUSE, MAZHUVANNOOR VILLAGE,
VADAKKE MAZHUVANNOOR KARA, ERNAKULAM DISTRICT.
2 MARIYAKUTTY
W/O. JOHNY, AGED 54 YEARS, THEKKUMCHERIL HOUSE,
MAZHUVANNOOR VILLAGE, VADAKKE MAZHUVANNOOR KARA,
ERNAKULAM DISTRICT.
BY ADVS. SRI.PAUL K.VARGHESE
SMT.A.A.GEETHA
RESPONDENTS/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY SUB INSPECTOR OF POLICE,
KUNNATHUNADU POLICE STATION, REPRESENTED THROUGH
PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM - 682 031.
2 SOSAMMA
AGED 48 YEARS
W/O. GEORGE, AGED 48 YEARS, THEKKUMCHERIL HOUSE,
MAZHUVANNOOR VILLAGE, VADAKKE MAZHUVANNOOR KARA,
NEAR PATTIMATTOM, ERNAKULAM DISTRICT - 686 669.
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ADDL.R3 TO R5 IMPLEADED
ADDL.R3 GEROGE T.V.
S/O.VARGHESE, AGED 65 YEARS,
THEKKUMCHERIYIL HOUSE, N.MAZHUVANNOOR P.O.,
MANGALATHUNADA, VADAKKE MAZHUVANNOOR KARA,
ERNAKULAM DISTRICT.
ADDL.R4 BINU GEORGE
S/O.GEORGE, AGED 35 YEARS, THEKKUMCHERIYIL HOUSE,
N.MAZHUVANNOOR P.O., MANGALTHUNADA, VADAKKE
MAZHUVANNOOR KARA, ERNAKULAM DISTRICT.
ADDL.R5 ELDHO GEORGE
S/O.GEORGE, AGED 32 YEARS, THEKKUMCHERIYIL HOUSE,
N.MAZHUVANNOOR P.O., MANGALATHUNADA, VADAKKE
MAZHUVANNOOR KARA, ERNAKULAM DISTRICT.
AS PER ORDER DATED 23.11.2021 IN CRL.M.A.1/2021
IN CRL.M.C.6913/2017
BY ADVS.UNNIKRISHNAN T. A
SRI.K.K.AKHIL
OTHER PRESENT:
SRI.RENJITH.T.R, SR.PP
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
17.10.2024, ALONG WITH Crl.MC.5846/2015, THE COURT ON THE
SAME DAY PASSED THE FOLLOWING:
2024:KER:77716
Crl.MC Nos.6913/2017 & 5846/2015
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
CRL.MC NO. 5846 OF 2015
CRIME NO.1836/2014 OF Kunnathunadu Police Station
PETITIONER/ACCUSED NO.1:
JOHNY
AGED 62 YEARS, S/O.VARGHESE,
THEKKUMCHERIL HOUSE, MAZHUVANNOOR VILLAGE,
VADAKKE MAZHUVANNOOR KARA,
ERNAKULAM DISTRICT - 696 689.
BY ADVS. SRI.PAUL K.VARGHESE
SMT.A.A.GEETHA
RESPONDENTS/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY SUB INSPECTOR OF POLICE,
KUNNATHUNADU POLICE STATION REPRESENTED THROUGH
PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM.
2 BINU GEORGE
AGED 30 YEARS, S/O.GEORGE, THEKKUMCHERIL HOUSE,
MAZHUVANNOOR VILLAGE, VADAKKE MAZHUVANNOOR KARA,
NEAR PATTIMATTOM, ERNAKULAM DISTRICT -696 689.
BY ADVS. SRI.K.K.AKHIL
SRI.T.A.UNNIKRISHNAN
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
17.10.2024, ALONG WITH Crl.MC.6913/2017, THE COURT ON THE
SAME DAY PASSED THE FOLLOWING:
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Crl.MC Nos.6913/2017 & 5846/2015
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P.V.KUNHIKRISHNAN, J.
--------------------------------
Crl.M.C. Nos.6913 of 2017 & 5846 of 2015
----------------------------------------------
Dated this the 17th day of October, 2024
ORDER
These two cases aer filed to quash the final report in Crime
Nos.507/2015 and 1936/2014 of Kunnathunadu Police Station.
2. When these cases came up for consideration, the
matter was referred for mediation. The parties settled the
matter, and a mediation report is submitted by the High Court
Mediation Centre, in which both sides and their lawyers signed.
It is submitted that, as per the agreement, the terms are
complied by the parties. If that is the case, the proceedings can
be quashed. The counsel for the defacto complainant submitted
that a connected case is pending against him as C.C.No.56/2015
before the Judicial First Class Magistrate Court, Kolenchery and
as per the terms of the agreement, that also is to be quashed.
The defacto complainant is free to file separate proceedings in
accordance with law.
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Therefore, these criminal miscellaneous cases are allowed.
All further proceedings against the petitioners including the
charge-sheet in Crime Nos.507/2015 and 1936/2014 of
Kunnathunadu Police Station, are quashed. The mediation
agreement will form part of this order.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
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PETITIONER ANNEXURES
ANNEXURE-I: A TRUE COPY OF THE PLAINT IN
OS NO.339/2013 OF MUNSIFF COURT,
PERUMBAVOOR DATED 7.9.2013
ANNEXURE-II: A TRUE COPY OF THE
PETITIONER IN IA NO.1833/13 IN OS
NO.339/13 OF THE MUNSIFF COURT,
PERUMBAVOOR
ANNEXURE-III: A TRUE COPY OF THE PLAINT
IN OS NO.380/2013 ON THE FILE OF MUNSIFF
COURT, PERUMBAVOOR DATED 17.10.2013 IS
PRODUCED HEREWITH AND MARKED AS.
ANNEXURE-IV: A TRUE COPY OF THE
COMMISSION REPORT AND SKETCH FILED BY
THE ADVOCATE COMMISSIONER IN OS
NO.380/13 BEFORE MUNSIFF COURT,
PERUMBAVOOR DATED 4.10.2013
ANNEXURE-V: A TRUE PHOTOGRAPHS OF THE
IST PETITIONER'S PROPERTY AND RUBBER
TREES ON THE EASTERN PORTION OF THE IST
PETITIONER'S PROPERTY.
ANNEXURE-VI: A TRUE COPY OF THE ORDER IN
IA 2006/2013 IN OS NO.380/2013 OF THE
MUNSIFF COURT, PERUMBAVOOR DATED
3.10.2013
ANNEXURE-VII: A TRUE COPY OF THE PRIVATE
COMPLAINT AS CMP NO.2323/2013 FILED BY
THE SRI.BABY BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT, KOLENCHERY DATED
10.9.2013
ANNEXURE-VIII: A TRUE COPY OF THE CHARGE
IN CRIME NO.837/13 OF KUNNATHUNADU
POLICE STATION, DATED 2.3.2014
ANNEXURE-IX: A TRUE COPY OF THE ORDER IN
CRL.M.C NO.4875/2014 OF THE HONOURABLE
HIGH COURT DATED 24.11.2014
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ANNEXURE-X: A TRUE COPY OF THE PLAINT IN
OS NO.386/14 FILED BY SRI.GEORGE (THE
2ND RESPONDENT'S HUSBAND) AGAINST THE
PETITIONERS BEFORE THE MUNSIFF COURT,
PERUMBAVOOR DATED 22.9.2014
ANNEXURE-XI: A TRUE COPY OF THE PLAINT
IN OS NO.410/14 OF THE MUNSIFF COURT,
PERUMBAVOOR DATED 14.10.14
ANNEXURE-XII: A TRUE COPY OF THE
COMMISSION REPORT IN OS NO.410/14 OF THE
MUNSIFF COURT, PERUMBAVOOR DATED
17.10.2014
ANNEXURE-XIII: A TRUE COPY OF THE
PRIVATE COMPLAINT AS CMP NO.244/15 ON
THE FILE OF JUDICIAL FIRST CLASS
MAGISTRATE COURT, KOLENCHERY DATED
24.3.14
ANNEXURE-XIV: A TRUE COPY OF THE FIR IN
CRIME NO.544/15 OF THE KUNNATHUNADU
POLICE STATION, DATED 27.3.15
ANNEXURE-XV: A TRUE COPY OF THE ORDER OF
THE CRL.MC NO.3564/15 DATED 15.6.2015
ANNEXURE-XVI: A TRUE COPY OF THE FINAL
REPORT IN FIR NO.1837/14 OF KUNNATHUNADU
POLICE STATION REGISTERED AGAINST THE
2ND RESPONDENT'S SON BINU UNDER SECTION
447, 5065(1), 323 OF IPC
ANNEXURE-XVII: A TRUE COPY OF THE CHARGE
IN CRIME NO.1836/14 OF KUNNATHUNADU
POLICE STATION DATED 30.11.2014
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PETITIONER ANNEXURES
ANNEXURE I A TRUE COPY OF THE PLAINT IN OS NO.
339/2013 OF MUNSIFF COURT PERUMBAVOOR
DATED 07.09.2013.
ANNEXURE II A TRUE COPY OF THE ORDER IN IA NO.
1833/13 IN OS NO. 339/13 OF THE MUNSIFF
COURT PERUMBAVOOR DATED 05.11.2013.
ANNEXURE III A TRUE COPY OF THE PLAINT IN OS NO.
380/2013 ON THE FILE OF MUNSIFF COURT
PERUMBAVOOR DATED 17.10.2013 IS PRODUCED
HEREWITH AND MARKED AS.
ANNEXURE IV A TRUE COPY OF THE COMMISSION REPORT AND
SKETCH FILED BY THE ADVOCATE
COMMISSIONER IN OS NO. 380/13 BEFORE
MUNSIFF COURT PERUMBAVOOR DATED
04.10.2013.
ANNEXURE V A TRUE PHOTOGRAPH OF THE 1ST
PETITIONER'S PROPERTY AND RUBBER TREES
ON THE EASTERN PORTION OF THE 1ST
PETITIONER'S PROPERTY.
ANNEXURE VI A TRUE COPY OF THE ORDER IN IA 2006/2013
IN OS NO. 380/2013 OF THE MUNSIFF COURT
PERUMBAVOOR DATED 03.10.2013.
ANNEXURE VII A TRUE COPY OF THE PRIVATE COMPLAINT AS
CMP NO.2323/2013 FILED BY THE SRI.BABY
BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT KOLENCHERY DATED
10.09.2013.
ANNEXURE VIII A TRUE COPY OF THE CHARGE IN CRIME NO.
837/13 OF KUNNATHUNADU POLICE STATION
DATED 02.03.2014.
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ANNEXURE IX A TRUE COPY OF THE ORDER IN CRL.M.C.
NO.4875/2014 OF THE HONOURABLE HIGH
COURT DATED 24.11.2014.
ANNEXURE X A TRUE COPY OF THE PLAINT IN OS NO.
386/14 FILED BY SRI. GEORGE (THE 2ND
RESPONDENT'S HUSBAND) AGAINST THE
PETITIONERS BEFORE THE MUNSIFF COURT
PERUMBAVOOR DATED 22.09.2014.
ANNEXURE XI A TRUE COPY OF THE PLAINT IN OS NO.
410/14 OF THE MUNSIFF COURT PERUMBAVOOR
DATED 14.10.14.
ANNEXURE XII A TRUE COPY OF THE COMMISSION REPORT IN
OS NO. 410/14 OF THE MUNSIFF COURT
PERUMBAVOOR DATED 17.10.2014.
ANNEXURE XIII A TRUE COPY OF THE PRIVATE COMPLAINT AS
CMP NO. 244/15 ON THE FILE OF JUDICIAL
FIRST CLASS MAGISTRATE COURT KOLENCHERY
DATED 24.03.14.
ANNEXURE XIV A TRUE COPY OF THE FIR IN CRIME NO.
507/15 OF THE KUNNATHUNADU POLICE
STATION DATED 27.03.15.
ANNEXURE XV A TRUE COPY OF THE FINAL REPORT IN FIR
NO. 1837/14 OF KUNNATHUNADU POLICE
STATION REGISTERED AGAINST THE 2ND
RESPONDENT'S SON BINU UNDER SECTION 447,
5065 (1), 323 OF IPC.
ANNEXURE XVI A TRUE COPY OF THE COMPLAINT FILED BY
THE 2ND PETITIONER BEFORE HEALTH
INSPECTOR MAZHUVANNOOR DATED 19.02.2015.
ANNEXURE XVII A TRUE COPY OF THE PROCEEDINGS OF THE
HEALTH INSPECTOR ON 02.03.2015.
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ANNEXURE XVIII A TRUE COPY OF THE JUDGMENT IN
CR.M.C.NO. 3564/2015 OF THIS HON'BLE
COURT DATED 21.08.2017.
ANNEXURE XIX A TRUE COPY OF THE FINAL REPORT IN CRIME
NO. 507/2015 OF KUNNATHUNADU POLICE
STATION.
ANNEXURE XX: CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.507/2015 OF KUNNATHUNADU POLICE
STATION DATED 27/03/2015.
ANNEXURE XXI: CERTIFIED COPYT OF THE MAHASAR IN CRIME
NO.507/2015 OF KUNNATHUNADU POLICE
STATION DATED 28/03/2015.
ANNEXURE XXII: CERTIFIED COPY OF THE ACCIDENT CUM WOUND
CERTIFICATE OF 2ND RESPONDENT ISSUED BY
THE SAMARITAN HOSPITAL DATED 04/03/2015.
