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2025 DAILYLAW 3904 (KER)

MANIVARNNAN v. STATE OF KERALA

Crl.MC/1808/2019 · 2025-04-04

G Girish

body2025

Judgment text

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2025:KER:29021 Crl.M.C.No.1808 of 2019 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE G.GIRISH FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 CRL.MC NO.1808 OF 2019 CRIME NO.407/2013 OF HARBOUR POLICE STATION, ERNAKULAM IN CC NO.884 OF 2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - I, KOCHI PETITIONER/1ST ACCUSED: MANIVARNNAN AGED 53 YEARS, S/O MEENAKSHI SUNDARAM, WEST MAIN STREET, PUTHUKOTTAI, TAMIL NADU. BY ADV DHANYA BABU RESPONDENTS/STATE & DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE STATION HOUSE OFFICER, HARBOUR POLICE STATION IN ERNAKULAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2 SANTHOSHKUMAR A.S. AGED 48 YEARS, S/O ANANDAN, RESIDING AT FLAT NO.7A, KAYALORAM APARTMENT, THEVARA FERRY, ERNAKULAM - 682 013. BY ADV. SRI SANGEETHARAJ NR, PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:29021 Crl.M.C.No.1808 of 2019 -2- G. GIRISH, J. ----------------------------- Crl.M.C.No.1808 of 2019 ----------------------------------------- Dated this the 4th day of April, 2025 ORDER The petitioner is the 1st accused in C.C.No.884 of 2015 on the files of the Judicial First Class Magistrate Court - I, Kochi. The offences alleged against him are under Sections 406 and 420 IPC read with Section 34 IPC. In the present petition, the petitioner seeks to quash the proceedings against him in the said case. The reason stated is that the issue has been amicably settled with the defacto complainant, at whose instance the case has been registered. 2. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the 2nd respondent. 3. The learned Public Prosecutor submitted that as per the instructions received from the Investigating Officer, the dispute between the petitioner and the defacto complainant had already been settled, and such a statement had been given by the defacto complainant to the Investigating Officer on 10.02.2025. The aforesaid 2025:KER:29021 Crl.M.C.No.1808 of 2019 -3- statement is placed before this Court for perusal. In addition to that, it is seen that the defacto complainant has filed an affidavit dated 30.01.2019 stating that he is not at all interested in proceeding with this case, since the matter has been amicably settled with the accused. 4. Having regard to the above development of the case in which the aggrieved person is no more interested in proceeding with the prosecution, I deem it appropriate to terminate the prosecution proceedings pending before the Judicial First Class Magistrate Court - I, Kochi, against the petitioner in connection with the present crime. In the result, the petition stands allowed. The proceedings against the petitioner / 1st accused in C.C.No.884 of 2015 on the files of the Judicial First Class Magistrate Court - I, Kochi, are hereby quashed. Sd/- G. GIRISH JUDGE ded 2025:KER:29021 Crl.M.C.No.1808 of 2019 -4- APPENDIX OF CRL.MC 1808/2019 PETITIONER ANNEXURES ANNEXURE A1 CERTIFIED COPY OF FIRST INFORMATION REPORT CRIME NO.407/2013 OF THE HARBOUR POLICE STATION. ANNEXURE A2 CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO.407/2013 OF THE HARBOUR POLICE STATION ANNEXURE A3 ORIGINAL AFFIDAVIT DATED 30.1.2019 SWORN IN BY THE 3RD RESPONDENT.