Kerala High Court
Roy vs State Of Kerala on 25 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:71360
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 25 TH DAY OF SEPTEMBER 2024 / 3RD
ASWINA, 1946
CRL.MC NO. 6534 OF 2024
CRIME NO.692/2015 OF Mangalam Dam Police Station,
Palakkad
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.2899
OF 2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,ALATHUR
PETITIONER/S:
1 ROY
AGED 51 YEARS
S/O ABRAHAM, AGED 51 YEARS THANNIKOTTIL (H),
UPPUMANNU KARINKAYAM P.O, PALAKKAD DISTRICT,
PIN - 678706
2 ELDHOSE
AGED 46 YEARS
THANNIKOTTIL (H), UPPUMANNU KARINKAYAM P.O,
PALAKKAD DISTRICT, PIN - 678706
BY ADVS.
DHANESH V.MADHAVAN
DEEPA K.RADHAKRISHNAN
N.D.RAJEESH
DEVIKA K.R.
Crl.M.C.No. 6534 of 2024
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-2-
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT
OF KERALA, PIN - 682031
2 VINCENT
AGED 36 YEARS
S/O RAPPAYI, CHIRAYATH (H), RANDAAMPUZHA,
OLINKADAVU P.O, PIN - 678706
3 RAVI
AGED 52 YEARS
S/O KUNJAPPAN, CHIRAYATHU(H), MARAICKAL,
KANNARA P.O, THRISSUR, PIN - 680562
BY ADV C.K.SAJEEV
OTHER PRESENT:
SRI. NOUSHAD K. A. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 25.09.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No. 6534 of 2024
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ORDER
Dated this the 25th day of September, 2024
Petitioners are accused 1 and 2 in
C.C.No.2899 of 2015 on the files of the Judicial
First Class Magistrate Court, Alathur, arising
out of Crime No.692 of 2015 of Mangalam Dam
Police Station, Palakkad. The offence alleged
against the petitioners are under Sections 447,
341, 324, 506(1) and 427 r/w Section 34 of the
Indian Penal Code, 1860. This petition has been
filed seeking to quash the proceedings against
them.
2. Learned Public Prosecutor however
pointed out that apart from respondents 2 and 3,
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there is a third person by name Murukan, who is
also an injured and whose agreement for
settlement has not been produced.
3. Learned Counsel for the petitioners
submitted that the 3rd respondent is untraceable
and that even in the trial court, the
prosecution had given up on the said witness.
4. Since the affidavit of settlement of all
the victims have not been produced, it is not
possible for this Court to act upon such an
alleged settlement to quash the proceedings.
However, since the trial has already commenced,
petitioner will not be put to any prejudice at
all as the trial provides for an adjudication on
merits.
In the absence of the affidavit of all the
victims, this Court cannot quash the proceedings
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on the basis of the alleged settlement.
Accordingly, the Crl.M.C is dismissed.
However, the trial court shall at the time of
trial, consider the same untrammeled by any
observation made in this order.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Scl/
2024:KER:71360
PETITIONER ANNEXURES
Annexure 1 CERTIFIED COPY OF THE FINAL REPORT
IN CC NO. 2899/2015 OF JUDICIAL
FIRST CLASS MAGISTRATE COURT,
ALATHUR.
Annexure 2 CERTIFIED COPY OF THE FIR IN CRIME
NO. 692/2015 OF MANGALAM DAM POLICE
STATION
Annexure 3 THE AFFIDAVIT SWORN BY THE 2ND
RESPONDENT DATED 07.06.2024.
Annexure 4 THE AFFIDAVIT SWORN BY THE 3RD
RESPONDENT DATED 07.06.2024
