Kerala High Court
Fr.George Poovakulam vs State Of Kerala on 11 September, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl.M.C. No.5257 of 2017
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2024:KER:69220
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH
BHADRA, 1946
CRL.MC NO. 5257 OF 2017
CRIME NO.459/2016 OF MELUKKAVU POLICE STATION,
KOTTAYAM
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.84 OF
2017 OF ADDITIONAL DISTRICT COURT,KOTTAYAM
PETITIONERS/ACCUSED NO.1 & 2:
1 FR.GEORGE POOVAKULAM
S/O.EMMANUAL, AGED 55, POOVAKULATHU
HOUSE,THE RECTOR, SAVIO HOME HOSTEL, NEAR
ST. JOSEPH'S HIGH SCHOOL,NEELOOR PO,
KADANADU VILLAGE, MEENACHIL TALUK, KOTTAYAM
DISTRICT
2 NITHIN
S/O.FRANCIS, AGED 21, MADAMBIMALAYIL
HOUSE,CHINTHAKUNNU, NILAMBOOR
VILLAGE,MALAPPURAM DISTRICT, NOW RESIDING AT
SAVIO HOME HOSTEL, NEAR ST. JOSEPH'S HIGH
SCHOOL, NEELOOR PO, KADANADU VILLAGE,
MEENACHIL TALUK, KOTTAYAM DISTRICT
BY ADV. SRI.SHYSON P.MANGUZHA
RESPONDENT/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH
COURT OF KERALA, ERNAKULAM, KOCHI - 682031
2 ABEEN A.O (DELETED)
DISTRICT CHILD PROTECTION OFFICER,
Crl.M.C. No.5257 of 2017
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PATHANAMTHITTA DISTRICT - 686 001(IS DELETED
FROM THE PARTY ARRAY AS PER ORDER DATED
11.09.2024 IN CRL.M.A.NO.1/2024)
3 MILAN TOMS JOSEPH
S/O.THOMAS, AGED 14 YEARS
(MINOR),REPRESENTED BY HIS FATHER, THOMAS
T,S/O.THOMAS, AGED 71, THANNIMOOTTIL
HOUSE,PAZHAVANGADI VILLAGE, PATHANAMTHITTA
DISTRICT - 686 651
BY ADVS.
SRI.GEORGE BRISTON
SRI.PREMCHAND R.NAIR
SRI.V.P.PRASANTH
SRI.T.R RENJITH SENIOR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 11.09.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.M.C. No.5257 of 2017
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P.V.KUNHIKRISHNAN, J.
--------------------------------
Crl.M.C. No.5257 of 2017
----------------------------------------------
Dated this the 11th day of September, 2024
ORDER
This Criminal Miscellaneous Case is filed to quash
the proceedings in Crime No.459/2016 of Melukavu
Police Station which according to the petitioner is now
pending before the Judicial First Class Magistrate
Court, Erattupetta.
2. The above case is charge sheeted alleging
offence punishable under Section 75 of the JJ Act r/w
34 IPC. It is submitted that the entire dispute
between the petitioners and the victim are settled.
The defacto complainant is the father of the victim.
He filed an affidavit stating that he has no grievance
against the petitioners and he has no objection in
quashing the proceedings. The victim, who is now a
major, also filed an affidavit stating that he has no
2024:KER:69220
grievance against the petitioners and he has no
objection in quashing the proceedings. It seems that
the 1st petitioner is completely bed-ridden due to
paralysis. Considering the facts and circumstances of
the case and also considering the fact that the entire
dispute is settled between the parties, the
continuation of the proceedings against the petitioner
is not necessary.
Therefore, this Criminal Miscellaneous Case is
allowed. All further proceedings against the
petitioners including the final report in Crime
No.459/2016 of Melukavu Police Station which is now
pending before the Judicial First Class Magistrate
Court - I, Erattupetta are quashed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
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PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE COMPLAINT DATED
05.07.2016 FILED BY THE 3RD
RESPONDENT BEFORE THE 2ND RESPONDENT
WHICH WAS FORWARDED WITH COVERING
LETTER THROUGH E MAIL TO THE
MELUKAVU POLICE STATION
ANNEXURE A2 CERTIFIED COPY OF THE FIR REGISTERED
BY STATION HOUSE OFFICE OF MELUKAVU
POLICE STATION BEFORE JFCM COURT
ERATTUPETTA
ANNEXURE A3 CERTIFIED COPY OF THE FINAL REPORT
REGISTERED BEFORE THE ADDITIONAL
SESSIONS COURT NO. 1 AT KOTTAYAM
ANNEXURE A4 TRUE COPY OF THE DISCHARGE SUMMARY
ISSUED FROM THE DEPARTMENT OF
GENERAL AND MINIMAL ACCESS SURGERY
OF CARITAS HOSPITAL KOTTAYAM
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
