Vinodan @ Dinoop vs The State Of Kerala
2024 Latest Caselaw 30799 Ker

Kerala High Court

Vinodan @ Dinoop vs The State Of Kerala on 30 October, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

CRL.MC NO. 1008 OF 2019                                  2024:KER:81409
                                     1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946
                         CRL.MC NO. 1008 OF 2019
   CRIME NO.546/2000 OF Vadakara Police Station, Kozhikode
        AGAINST THE ORDER/JUDGMENT DATED IN LP NO.58 OF 2006 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,VADAKARA

PETITIONER:

             VINODAN @ DINOOP,
             AGED 41 YEARS
             S/O.DIVAKARAN NAMBIAR, THODUVAYIL HOUSE,
             PAIGOTTAYI, KOTTAPALLY, VATAKARA TALUK, KOZHIKODE
             DISTRICT.

             BY ADVS.
             U.P.BALAKRISHNAN
             SRI.PRAJIT RATNAKARAN
RESPONDENTS:

    1        THE STATE OF KERALA,
             REPRESENTED BY THE STATION HOUSE OFFICER, VATAKARA
             POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH
             COURT OF KERALA, ERNAKULAM-682031.

    2        ABDUL SALAM
             AGED 37 YEARS
             S/O.MOIDU, RAYAROTH HOUSE, THIRUVALLUR, VATAKARA
             TALUK, KOZHIKODE-673513.

             BY ADV C.H.ABDUL RASAC

             SRI.SANGEETHARAJ.N.R, PUBLIC PROSECUTOR


     THIS     CRIMINAL    MISC.   CASE   HAVING   COME   UP   FOR   FINAL
HEARING ON 30.10.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 CRL.MC NO. 1008 OF 2019                                 2024:KER:81409
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                    P.V.KUNHIKRISHNAN, J.
         -------------------------------------------------------
                   Crl.M.C.No. 1008 of 2019
        --------------------------------------------------------
        Dated this the 30th day of October, 2024


                               ORDER

This Crl.M.C is filed to quash the proceedings in

LP.No.58/2006 on the file of the Judicial First Class Magistrate

Court, Vatakara, arising from Crime No.546/2000 of Vatakara

Police Station. When the case came up for consideration on

14.02.2019, this court directed the petitioner to surrender

before the jurisdictional court. It is submitted that the

petitioner surrendered and he is on bail. The case is

renumbered as C.C.224/2019.

2. The petitioner and others charge sheeted,

alleging offences punishable under Sections 143, 147, 448,

427 r/w 149 IPC. The other accused were already acquitted. It

is submitted that the case is settled with the victim. The victim

filed an affidavit as Annexure 3.

3. The learned Public Prosecutor submitted that

the matter is settled. Perusal of the final report would show CRL.MC NO. 1008 OF 2019 2024:KER:81409

that the dispute is only private in nature. In such

circumstances, I am of the considered opinion that the

continuation of prosecution against the petitioner can be

quashed. Therefore, this Crl.M.C is allowed. All further

proceedings in C.C.224/2019 in LP.No.58/2006 on the file of

the Judicial First Class Magistrate Court, Vatakara (Crime

No.546/2000 of Vatakara Police Station) are quashed.

Sd/-

P.V.KUNHIKRISHNAN, JUDGE

NM CRL.MC NO. 1008 OF 2019 2024:KER:81409

PETITIONER ANNEXURES

ANNEXURE 1 TRUE COPY OF THE FIR IN CRIME NO.546/2000 OF VATAKARA POLICE STATION DATED 15/09/2000.

ANNEXURE 2 TRUE COPY OF THE FINAL REPORT NO.330/2001 DATED 27/08/2001 IN CRIME NO.546/2000

ANNEXURE 3 TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT.

ANNEXURE 4 COPY OF THE ORDER OF THIS HON'BLE HIGH COURT IN CRL.M.C.2096/2018 DATED 27/03/2018.