IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 12TH DAY OF FEBRUARY 2020 / 23RD MAGHA, 1941
Crl.MC.No.8938 OF 2019(F)
AGAINST THE ORDER/JUDGMENT IN CC 113/2017 OF CHIEF JUDICIAL
MAGISTRATE COURT,THRISSUR
CRIME NO.681/2017 of Town East Police Station, Thrissur
PETITIONERS/ACCUSED:
1 SAJESH MATHEW,
AGED 39 YEARS, S/O.MATHACHAN,
VAZHAPARAMBIL VEEDU, MAROTTICHAL DESOM, MANDAMANGALAM
VILLAGE, THRISSUR DISTRICT-680004.
2 PRATHEESH,
AGED 44 YEARS, S/O.MANI,
KOLLARA VEEDU, PUTHOOR DESOM, PUTHOOR VILLAGE,
THRISSUR DISTRICT-680004.
3 SONY THOMAS,
AGED 38 YEARS, S/O.THOMAS,
KOZHUKKULLIKKARAN VEEDU, PUTHOOR DESOM,
PUTHOOR VILLAGE, THRISSUR DISTRICT-680004.
4 SHAJU,
AGED 42 YEARS, S/O.SUDHAKARAN,
AINIKKATTIL VEEDU, KAINNUR DESOM,
KAINNUR VILLAGE.
BY ADV. SRI.P.K.SAJEEV
Crl.M.C. No. 8938 of 2019
2
RESPONDENTS/COMPLAINANT DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2 BIJU,
AGED 40 YEARS, S/O.THANKACHAN,
KARIMPEECHAYIL HOUSE, CHUVANNAMANNU DESOM,
PEECHI VILLAGE, THRISSUR DISTRICT-680652.
R1 BY PP-SRI RAMESH CHAND
R2 BY ADV. P.RAMACHANDRAN
OTHER PRESENT:
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No. 8938 of 2019
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O R D E R
Dated this the 12th day of February 2020
The petitioners are accused in C.C.No.113/2017 on
the file of the Chief Judicial Magistrate Court,
Thrissur, for having allegedly committed the offence
punishable under Section 394 of I.P.C. The 2nd
respondent herein is the defacto complainant and who
has appeared through a Counsel and has filed an
affidavit at Annexure A6 stating that the matter has
been settled with the petitioners. A report has also
been obtained from the investigating officer, through
the Public Prosecutor. In the report, it is pointed
out that the 2nd accused is involved in two crimes
registered against him and the 3 rd accused is involved
in six crimes. The crime registered against the 2nd
accused are under Sections 308 and 107 of I.P.C. The
crime as against the 3rd accused are under Sections
294, 427, 452 and 498A of I.P.C. Considering the
nature of offence in which the petitioners 2 and 3 are
Crl.M.C. No. 8938 of 2019
4
involved, it need not be an impediment as regards the
settlement of the dispute between the petitioners and
the 2nd respondent herein. The 2nd respondent in his
affidavit has stated that the matter has been fully
and finally settled and therefore there is no point
in proceeding with the trial as against the
petitioners in the offence as against the 2nd
respondent.
In the result, the Crl.M.C. is allowed and the
entire proceedings as against the petitioners in
C.C.No.113/2017 on the file of the Chief Judicial
Magistrate Court, Thrissur, stands quashed under
Section 482, Cr.P.C. and the petitioners are
discharged.
Sd/-
dkr ASHOK MENON
JUDGE
Crl.M.C. No. 8938 of 2019
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APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO.681/2017 OF THRISSUR
EAST POLICE STATION.
ANNEXURE A2 CERTIFIED COPY OF THE FIRST INFORMATION
STATEMENT IN CRIME NO.681/2017 OF THRISSUR
EAST POLICE STATION.
ANNEXURE A3 CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO.681/2017 OF THRISSUR EAST POLICE
STATION.
ANNEXURE A4 CERTIFIED COPY OF THE STATEMENT OF THE
WITNESSES IN CRIME NO.681/2017 OF THRISSUR
EAST POLICE STATION.
ANNEXURE A5 CERTIFIED COPY OF THE ACCIDENT REGISTER-
CUM-WOUNDS CERTIFICATE DATED 26.04.2017
ISSUED FROM GENERAL HOSPITAL, THRISSUR FOR
THE TREATMENT OF THE 2ND RESPONDENT.
ANNEXURE A6 AFFIDAVIT OF THE 2ND RESPONDENT DATED
22.11.2019.
