Kerala High Court
Jose Joseph vs State Of Kerala on 5 September, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
CRL.MC. NO.3239 OF 2016
1
2024:KER:67536
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
CRL.MC NO. 3239 OF 2016
CRIME NO.83/2013 OF MARADU POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1395 OF
2016 OF JUDICIAL FIRST CLASS MAGISTRATE - VIII,
ERNAKULAM
PETITIONER/1ST ACCUSED:
JOSE JOSEPH
AGED 57, S/O.LATE JOSEPH VAKAYIL, RESIDING
AT VAKAYIL HOUSE, VTJ ENCLAVE, 6/469 B,
MARADU VILLAGE, KANAYANNUR TALUK,
ERNAKULAM DISTRICT.
BY ADVS.
SRI.VARGHESE C.KURIAKOSE
SMT.SEENU SADIQUE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM - 682 031.
2 SUB INSPECTOR OF POLICE
MARADU POLICE STATION, MARADU - 682 303.
CRL.MC. NO.3239 OF 2016
2
2024:KER:67536
3 V.P. RAKESH
SO.LATE PARAMESWARAN, AGED 40, VADAKEDATH
HOUSE, KUMBALAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT - 682 109.
4 SUFIAN
AGED 27, S/O.JAMAL, SRAMBICKAL HOUSE,
KAVALANGAD P.O, THALAKODE,
PUTHENCRUZ - 683 106.
BY ADVS.
SRI.RENJITH.T.R, SR.PP
SRI.SHERRY J. THOMAS - R3
SRI.P.V.VARGHESE KANJIRAMATTOM
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY
HEARD ON 05.09.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
CRL.MC. NO.3239 OF 2016
3
2024:KER:67536
P.V.KUNHIKRISHNAN, J.
------------------------------------
Crl.M.C. No.3239 of 2016
--------------------------------------
Dated this the 05th day of September, 2024
ORDER
This Criminal Miscellaneous Case is filed to
quash the proceedings in CC No.1395/2016 on the
file of Judicial First Class Magistrate Court, Maradu.
The above case is charge sheeted alleging offences
punishable under Sections 420 and 386 r/w 34 of
IPC.
2. When this Criminal Miscellaneous Case
came up for consideration, the learned counsel
appearing for the 3rd respondent submitted that,
the 3rd respondent has no grievance against the
petitioner. An affidavit is also filed by the 3 rd
respondent stating that he has no grievance. This
CRL.MC. NO.3239 OF 2016
2024:KER:67536
Court directed the learned Public Prosecutor to get
a statement from the victim. The Public
Prosecutor, based on the statement, submitted that
the matter is settled. If that be the case, I think,
the prosecution against the petitioner can be
quashed.
Therefore, this Criminal Miscellaneous Case is
allowed. All further proceedings against the
petitioner in CC No.1395/2016 on the file of Judicial
First Class Magistrate Court, Maradu arising from
Crime No.83/2013 of Maradu Police Station are
quashed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
nvj
CRL.MC. NO.3239 OF 2016
2024:KER:67536
PETITIONER EXHIBITS
A1 TRUE PHOTOCOPY OF THE FINAL REPORT FILED IN
CRIME NO.83/2013 BY THE 2ND RESPONDENT
A2 TRUE PHOTOCOPY OF THE COMPLAINT AS MP
NO.1529/2013 BY THE 3RD RESPONDENT
A3 TRUE PHOTOCOPY OF THE FIRST INFORMATION
REPORT
A4 TRUE PHOTOCOPY OF THE BANK STATEMENT
INDICATING PAYMENT OF RS.1,16,500/- ON
04.09.2010
A5 TRUE PHOTOCOPY OF THE BANK STATEMENT ISSUED
BY THE HDFC BANK INDICATING THE PAYMENT OF
RS.60,000/- ON 21.10.2011
A6 TRUE PHOTOCOPY OF THE BANK STATEMENT ISSUED
BY THE HDFC BANK INDICATING THE PAYMENT OF
RS.31,000/- ON 10.08.2011 AND RS.50,000/- ON
19.08.2011
A7 TRUE PHOTOCOPY OF THE COMPLAINT SUBMITTED BY
THE PETITIONER BEFORE THE COMMISSIONER OF
POLICE, KOCHI CITY ON 04.04.2013
A8 TRUE PHOTOCOPY OF THE INTIMATION OF THE
COMPLAINT FORWARDING THE MATTER TO CIRCLE
INSPECTOR OF POLICE, ERNAKULAM TOWN SOUTH
A9 TRUE PHOTOCOPY OF THE NOTICE TO THE 3RD
RESPONDENT ON 06.04.2013
CRL.MC. NO.3239 OF 2016
2024:KER:67536
A10 TRUE PHOTOCOPY OF THE ORDER DATED 10.06.2013
IN CRL.M.C. NO.1124/2013 BEFORE COURT OF
SESSION, ERNAKULAM
A11 TRUE PHOTOCOPY OF THE PROCEEDINGS OF THE
HUMAN RIGHTS COMMISSIONER DATED 16.07.2013
A12 TRUE PHOTOCOPY OF THE PRIVATE COMPLAINT
BEFORE ACJM, ERNAKULAM
RESPONDENTS EXHIBITS :NIL
//TRUE COPY//
PA TO JUDGE
