High Court Kerala High Court

Fr.Alias K.Varkey vs State Of Kerala on 28 January, 2010

Kerala High Court
Fr.Alias K.Varkey vs State Of Kerala on 28 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 283 of 2010()


1. FR.ALIAS K.VARKEY, S/O.K.C.VARKEY,
                      ...  Petitioner
2. SHINAJ MATHACHAN, S/O.M.K.MATHACHAN,
3. VIJI VARGHESE, S/O.VARGHESE,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. SUB INSPECTOR OF POLICE,

3. ALBERT JOY, AGED 27 YEARS,

4. BIBIMOL JACOB, AGED 28 YEARS,

5. JOBY VINCENT, AGED 27 YEARS,

6. PRAVEEN P.AUGUSTIN, AGED 28 YEARS,

7. JUSTIN, AGED 24 YEARS,

8. TRINCE PHILIP, AGED 24 YEARS,

                For Petitioner  :SRI.V.B.HARI NARAYANAN

                For Respondent  :SRI.S.RAJEE

The Hon'ble MR. Justice P.BHAVADASAN

 Dated :28/01/2010

 O R D E R

P.BHAVADASAN, J.

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Cr. MC No.283 of 2010

————————————-
Dated 28th January 2010

Order

This is a petition filed under S.482 of the Code

of Criminal Procedure seeking to have the proceedings

in CC No.68/09 pending before the Chief Judicial

Magistrate’s Court, Thrissur, quashed.

2. The petitioners are accused Nos.1 to 3 in the

above said case for having committed the offences

punishable under Ss.406 and 420 IPC. They say, the

allegations are totally false and contrary to the actual

state of affairs. However, it is pointed out that now the

parties have settled the disputes and as such, the

parties have no grievance at all. Therefore, it is prayed

that the proceedings in the above said case may be

quashed.

3. True, the offence punishable under S.406 is not

compoundable. But, since the parties have settled the

CR MC NO.283/10 2

disputes and the complainant has contended that the

proceedings need not be continued in the above case,

all proceedings in CC No.68/09 pending before the Chief

Judicial Magistrate’s Court, Thrissur, shall stand

quashed.

This Petition is allowed as above.

P.BHAVADASAN, JUDGE

sta

CR MC NO.283/10 3