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Sajesh Mathew vs State Of Kerala on 12 February, 2020

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
3

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
5

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.

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