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Panchali vs The State Of Kerala on 20 February, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

THURSDAY, THE 20TH DAY OF FEBRUARY 2020 / 1ST PHALGUNA,
1941

Crl.MC.No.1513 OF 2020(H)

AGAINST THE ORDER/JUDGMENT IN CC 1286/2015 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II,PALAKKAD

CRIME NO.255/2015 OF Kongad Police Station , Palakkad

PETITIONERS/ACCUSED 2 AND 1:

1 PANCHALI, AGED 56 YEARS
KUMARAN, KURUNDANKULAM HOUSE, AZHIYANOOR
P.O., KADAMBAZHIPURAM, KONGADU, PALLAKAD,
PIN-678631.

2 KUMARAN, AGED 58 YEARS
S/O.KUNJU, KURUNDANKULAM HOUSE, AZHIYANOOR
P.O., KADAMBAZHIPURAM, KONGADU, PALLAKAD,
PIN-678631.

BY ADVS.
SRI.M.S.UNNIKRISHNAN
SRI.RINU. S. ASWAN
SMT.M.ARDRA KRISHNAN

RESPONDENTS/STATE OF KERALA AND DEFACTO COMPLAINANT:

1 THE STATE OF KERALA
REP. BY THE SUB INSPECTOR OF POLICE,
KONGADU POLICE STATION,
THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA AT ERNAKULAM.

2 AMMUKUTTY AMMA, AGED 85 YEARS
W/O.GOVINDAKUTTY, PARATHIKOTTIL HOUSE,
AZHIYANOOR P.O., KADAMBAZHIPURAM, KONGADU,
PALLAKAD, PIN-678631.

R2 BY ADV. K.S.ROHITH
BY PP SRI. E.C. BINISH

THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 20.02.2020, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C. No. 1513 of 2020

..2..

Crl.M.C. No. 1513 of 2020
———————————

ORDER

This is a proceedings under Section 482 of the Code

of Criminal Procedure for quashing Annexure-III Final Report

pending trial before the Judicial First Class Magistrate Court-II,

Palakkad in C.C.No. 1286 of 2015.

2. The petitioners are accused Nos. 2 and 1 in the

said case. The case was one registered under Sections 323,

324, 341, 506(ii), 447 and 294(b) read with Section 34 of the

Indian Penal Code.

3. It is seen that the petitioners and the de facto

complainant of the crime have amicably settled the disputes.

An affidavit sworn to by the de facto complainant is part of the

records.

4. Heard the learned counsel for the petitioners,

the learned Public Prosecutor as also the learned counsel for

the de facto complainant.

5. Though the matter is settled between the parties,

I have examined the accusation in the case and found that this
Crl.M.C. No. 1513 of 2020

..3..

is a matter that could be settled and closed in the light of the

decision of the Apex Court in Gian singh v. State of Punjab,

(2012) 10 SCC 303, invoking the jurisdiction under Section 482

of the Code of Criminal Procedure. (Two decisions in 498A

cases – typed bottom)

In the result, the Crl.M.C. is allowed and Annexure-III

Final Report pending trial before the Judicial First Class

Magistrate Court-II, Palakkad in C.C.No. 1286 of 2015 and all

further proceedings thereto are quashed.

Sd/-

P.B.SURESH KUMAR
JUDGE
ds 20.02.2020
Crl.M.C. No. 1513 of 2020

..4..

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE I CERTIFIED COPY OF THE FIR ALONG WITH
FIS GIVEN BY AMMUKUTTI AMMA,
W/O.GOVINDAKUTTY DATED 03.04.2015 IN
CRIME NO.255 OF 2015 OF THE KONGADU
POLICE STATION.

ANNEXURE II A CERTIFIED COPY OF THE WOUND
CERTIFICATE OF AMMUKUTTY AMMA DATED
01.04.15 ISSUED FROM DISTRICT
HOSPITAL, PALLAKAD.

ANNEXURE III A CERTIFIED COPY OF THE FINAL REPORT
BEARING NO.293 OF 2015 DATED
28.05.2015 ON THE FILES OF JFMC-II,
PALLAKAD.

ANNEXURE IV THE ORIGINAL AFFIDAVIT OF THE
RESPONDENT NO.2 DATED 14.02.2020.

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