High Court Kerala High Court

Kamalasanan vs State Of Kerala on 15 February, 2010

Kerala High Court
Kamalasanan vs State Of Kerala on 15 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 55 of 2010()


1. KAMALASANAN, S/O. KAMALADHANAN,
                      ...  Petitioner
2. SREEMON, S/O. SREENIVASAN,
3. SREENIVASAN, S/O. SREENIVASAN,
4. SATHI, D/O. GOMATHY,
5. REMA, D/O. GOMATHY,

                        Vs



1. STATE OF KERALA, REP. BY THE PUBLIC
                       ...       Respondent

2. JAYACHANDRAN, S/O. RAVINDRAN,

                For Petitioner  :SRI.S.SANAL KUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :15/02/2010

 O R D E R
            M.SASIDHARAN NAMBIAR,J.
          ===========================
           CRL.M.C.No.55     OF 2010
          ===========================

    Dated this the 15th day of February,2010

                     ORDER

This petition is filed under section 482 of

the Code of Criminal Procedure to quash the

proceedings in S.C.318/2008 and 332/2008 on the

file of Assistant Sessions Court, Alappuzha

contending that the dispute arose on

administration of a family trust and the

parties have amicably settled the dispute and

the de facto complainant, injured expressed

their willingness to file an affidavit before

this court to substantiate the case.

2. When the case came up for admission on

20.1.2010 learned Public Prosecutor pointed out

that out of the three injured, only one injured

was made a party and that injured did not agree

for settlement. Petitioner did not take steps

to implead the other injured or to establish

Crl.M.C.55/2010 2

that there was a settlement. In such

circumstances, petition is dismissed. Petitioners

are at liberty to approach this court along with

the injured de facto complainant, if there was a

settlement of the disputes.

M.SASIDHARAN NAMBIAR
JUDGE
tpl/-

M.SASIDHARAN NAMBIAR, J.

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W.P.(C).NO. /06

———————

JUDGMENT

SEPTEMBER,2006