Detson vs Sajan P. Sebastian
2024 Latest Caselaw 27868 Ker

Kerala High Court

Detson vs Sajan P. Sebastian on 13 September, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

CRL.MC NO. 4629 OF 2018               1

                                                         2024:KER:70140
          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946

                    CRL.MC NO. 4629 OF 2018

  CRIME NO.614/2018 OF Mundakayam Police Station, Kottayam
      AGAINST THE ORDER/JUDGMENT DATED IN CMP NO.1900 OF
2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,KANJIRAPPALLY
PETITIONER/S:
          DETSON
          AGED 43 YEARS
          AGED 43 YEARS, PARAYARUPARAMBIL HOUSE,
          R.P.C.P.O., VARICKANI, MUNDAKKAYAM P.O.,
          MUNDAKKAYAM, KOTTAYAM - 686513.


          BY ADV SRI.JOBY CYRIAC
RESPONDENT/S:
    1     SAJAN P. SEBASTIAN
          AGED 53 YEARS
          AGED 53 YEARS, S/O. DEVASSIA, R.P.C.P.O.,
          VARICKANI, MUNDAKKAYAM P.O., MUNDAKKAYAM,
          KOTTAYAM - 686513.

     2    STATE OF KERALA
          REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
          OF KERALA, ERNAKULAM - 682031.


          BY ADV SRI.LIJI.J.VADAKEDOM
OTHER PRESENT:
          SRI.RENJITH.T.R, SR.PP


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   13.09.2024,   THE   COURT   ON       THE   SAME   DAY   PASSED   THE
FOLLOWING:
 CRL.MC NO. 4629 OF 2018          2

                                                2024:KER:70140
                P.V.KUNHIKRISHNAN, J
              --------------------------------------
               Crl.M.C. No. 4629 of 2018
              --------------------------------------
       Dated this the 13th day of September, 2024



                          ORDER

This Criminal Miscellaneous case is filed to quash

the FIR in Crime No. 614/2018 of Mundakkayam Police

Station. FIR is registered alleging offence punishable under

Sec. 447, 294(b), 506 and 354 (A) of IPC. When this

Criminal Miscellaneous case came up for consideration, the

Public Prosecutor submitted that the final report in this

case is already filed on 17.07.2018. The counsel, who filed

the Crl.M.C. submitted that he relinquished the vakalath.

Since the final report is already filed, I am of the considered

opinion that this Criminal Miscellaneous case need not be

retained here. If the petitioner is aggrieved by the same, the

petitioner is free to challenge the same, in accordance with

law.

2024:KER:70140 With the above observation, this Crl.M.C. is

disposed of.

sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

2024:KER:70140

PETITIONER ANNEXURES

ANNEXURE A1 TRUE COPY OF THE MEMORANDUM OF CMP NO.

1900/2018 DATED 23.4.2018 OF JFMC -I, KANJIRAPPALLY.

ANNEXURE A2 CERTIFIED COPY OF THE F.I.R NO.614/2018 DATED 24.4.2018 OF MUNDAKKAYAM POLICE STATION.

ANNEXURE A3 TRUE COPY OF THE COMPLAINT DATED 12.4.2018 PREFERRED BY THE DE-FACTO COMPLAINANT AGAINST THE PETITIONER.

ANNEXURE A4 TRUE COPY OF THE COMPROMISE PETITION DATED 20.4.2018.

ANNEXURE A5 TRUE COPY OF THE COVERING LETTER DATED 5.6.2018 RECEIVED ALONG WITH ANNEXURE A3 AND A4.

ANNEXURE A6 TRUE COPY OF THE EMPLOYMENT CERTIFICATE DATED 21.4.2018 ISSUED IN FAVOUR OF THE PETITIONER.