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Noble.P.George vs State Of Kerala on 14 March, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

THURSDAY ,THE 14TH DAY OF MARCH 2019 / 23RD PHALGUNA, 1940

Crl.MC.No. 1979 of 2019

CRIME NO. 1386/2018 OF THRIKKAKARA POLICE STATION,ERNAKULAM DISTRICT

PETITIONERS/ACCUSED 1 TO 7:

1 NOBLE.P.GEORGE,AGED 27 YEARS
S/O.GEORGE, PULICKAL HOUSE, KARIMANNOOR.P.O, PALIKKAMURI,
THODUPUZHA-685581.

2 PUSHPALATHA.P,AGED 39 YEARS
W/O.SUNIL KUMAR, CITY DRIVE APARTMENT, NORTH JANATHA ROAD,
PALARIVATTOM, KOCHI-682024.

3 SUNIL KUMAR,AGED 39 YEARS
S/O.K SUKUMARAN, CITY DRIVE APARTMENT NORTH JANATHA ROAD,
PALARIVATTOM, KOCHI-682024.

4 LINTO ANTONY,AGED 32 YEARS
S/O.ANTONY, CHITTILAPILLY HOUSE, EDAKKUNAMKARA, PADUVAPURAM
PO, KARUKKUTTY-683576.

5 ANIL JOB,AGED 43 YEARS
S/O.JOHN, KADIKALETH PUTHENVEEDU, ASHOKAPURAM, ALUVA 683101.

6 ASHWIN,AGED 23 YEARS
S/O.AUGUSTINE, NEELANKUZHIYIL, ARUVITHARA PO, KONDOOR,
KOTTAYAM-686122.

7 DON BASIL KURIEN,AGED 28 YEARS
S/O.KURIEN, VALAYAMPARAYIL HOUSE, RAJAKUMARI, IDUKKI-685619.

BY ADVS.
SRI.V.JOHN SEBASTIAN RALPH
KUM. KEERTHANA SUDEV
SHRI. RALPH RETI JOHN
SHRI.VISHNU CHANDRAN
SRI.K.J.JOSEPH (ERNAKULAM)
SRI.V.JOHN THOMAS
Crl.MC.Nos. 1979 of 2019 1983 of 2019 2

RESPONDENT/S:
1 STATE OF KERALA
REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM
COCHIN-682031.

2 ADITHI THANZEER, AGED 21 YEARS, W/O THANZEER
PAPPALI VELIYIL (H), VANNANCHERRY TALUK
ALAPPUZHA, NOW RESIDING AT KRITI NIVAS
KAKKANAD, KOCHI-30

BY ADV. SRI.B.DEEPAK
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.03.2019, ALONG WITH
Crl.MC.1983/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.Nos. 1979 of 2019 1983 of 2019 3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

THURSDAY ,THE 14TH DAY OF MARCH 2019 / 23RD PHALGUNA, 1940

Crl.MC.No. 1983 of 2019

SC 29/2019 of DISTRICT COURT SESSIONS MOTOR ACCIDENT CLAIMS TRIBUNAL

CRIME NO. 79/2018 OF MEPPADI POLICE STATION , WAYANAD

PETITIONER/S:

PRADEEP KUMAR,AGED 44 YEARS
S/O SIVADASAN, KALAVAPPADAM
VADAKKANCHERY, PALAKKAD DISTRICT-678683.

BY ADV. SMT.M.B.SHYNI

RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682031.

2 SREEDEVI, AGED 33 YEARS, D/O VELAYUDHAN
KOTTIKKAL HOUSE, AMBEDKAR COLONY
VELLARMALA, CHOORALMALA P.O.
WAYANAD DISTRICT – 673 578

BY ADV. SRI.V.P.YUSUF
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.03.2019, ALONG WITH
Crl.MC.1979/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.Nos. 1979 of 2019 1983 of 2019 4

ALEXANDER THOMAS, J.

Crl.M.C.Nos.1979 1983 of 2019

Dated this the 14th day of March, 2019

ORDER

The petitioners in these two cases are arraigned as the accused

in the respective files concerned. The petitioners in

Crl.M.C.No.1979/2019 have been arraigned as the accused Nos.1 to 7

in Crime No.1386/2018 of Thrikkakara Police Station alleging

offences punishable under Sections 342, 370(4), 376 and 376D read

with 34 IPC. The petitioner in Crl.M.C.No.1983/2019 has been

arraigned as the sole accused in Crime No.79/2018 of the Meppadi

Police Station alleging offences punishable under Sections 450, 376(2)

(n) and 506 IPC, in which Annexure-III final report has been filed

before the District and Sessions Court-I, Kalpetta, which has laid to

the institution of S.C.No.29/2019 on the files of that Court. The

petitioners in both the Crl.M.C.s urged that the respective impugned

criminal proceedings in these cases may be quashed by this Court on

the ground that they have arrived at settlement with the respective

defacto complainants in these cases.
Crl.MC.Nos. 1979 of 2019 1983 of 2019 5

2. The plea for quashing the impugned criminal proceedings

for offences as the one under Section 376 IPC, on the ground of

settling the dispute between the accused and the defacto

complainant, is not right and proper {see Parbatbhai Aahir v.

State of Gujarat [(2017) 9 SCC 641], Anita Maria Dias v. State of

Maharashtra [(2018) 3 SCC 290], Sebastian @ Solly v. State of

Kerala [2015 (1) KLJ 384, etc.}.

3. In the light of these aspects, this Court is of the considered

view that plea for quashing the impugned criminal proceedings

cannot be allowed as sought for by the petitioner. However, it is

made clear that none of the observations and findings of this Court

in this order shall in any manner trammel or influence the court

below concerned while dealing with the impugned criminal

proceedings in accordance with law.

With these observations and directions, the above Crl.M.C.s will

stand dismissed.

Sd/-

ALEXANDER THOMAS
JUDGE
sd
Crl.MC.Nos. 1979 of 2019 1983 of 2019 6

APPENDIX OF Crl.MC 1979/2019
PETITIONER’S/S EXHIBITS:

ANNEXURE 1 CERTIFIED COPY OF THE FIR IN CRIME
NO.1386/2018 OF THRIKKAKARA POLICE STATION

ANNEXURE 2 AFFIDAVIT, SIGNED BY 2ND RESPONDENT

sd
Crl.MC.Nos. 1979 of 2019 1983 of 2019 7

APPENDIX OF Crl.MC 1983/2019
PETITIONER’S/S EXHIBITS:

ANNEXURE I A TRUE COPY OF THE FIRST INFORMATION REPORT
IN CRIME NO.79/2018 OF MEPPADI POLICE
STATION

ANNEXURE II A TRUE COPY OF THE STATEMENT GIVEN BY THE
DEFACTO COMPLAINANT TO THE POLICE OFFICIAL
DATED 14.3.2018

ANNEXURE III A TRUE COPY OF THE FINAL REPORT SUBMITTED
BY THE POLICE BEFORE THE HON’BLE DISTRICT
AND SESSIONS COURT-I,KALPETTA IN CRIME
NO.79/2018 AND HON’BLE COURT HAS TAKEN ON
FILE AND NUMBERED AS S.C. NO.29/2019

ANNEXURE IV A TRUE COPY OF THE AFFIDAVIT SWORN BY THE
2ND RESPONDENT/DEFACTO COMPLAINANT DATED
10.7.2018

sd

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