High Court Kerala High Court

Unni vs State Of Kerala on 20 February, 2008

Kerala High Court
Unni vs State Of Kerala on 20 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 686 of 2008()


1. UNNI, W/O.KARAPPAN, AGED 75 YEARS,
                      ...  Petitioner
2. LAKSHMI, W/O.UNNI, AGED 69 YEARS,

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. SHYNI, D/O.SEETHA, AGED 28 YEARS,

                For Petitioner  :SRI.K.P.SUDHEER

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :20/02/2008

 O R D E R
                             V. RAMKUMAR, J.

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                       Crl.M.C. No. 686   of 2008

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           Dated this the   20th day of February, 2008


                                     ORDER

The petitioners, who are accused Nos.2 and 3 in Crime

No. 586 of Kottiyam police station for the offences punishable

under Sections 493,494,495,496 and 376 read with Section 34 of

the Indian Penal Code, seek to quash Annexures-A1 complaint

and A2 F.I.R. as against the petitioners.

2. It is too early to consider the contentions of the

petitioners that they have been falsely implicated in the case

and that neither the complaint nor the F.I.R. disclose any

offence against the petitioners. The investigation of the case is

in progress and at this stage of the investigation, this Court will

not quash the F.I.R. and stay the investigation. In case, the

petitioners are charge sheeted by the police and the charge

sheet does not make out any of the offences alleged against the

petitioners, they can work out their remedies at the appropriate

stage before the appropriate forum. Reserving the said right of

the petitioners, this Crl.M.C.is dismissed.

V. RAMKUMAR, JUDGE

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The accused in C.C. / ST. No………………on the file of the

J.F.C.M, for an offence punishable under Section 138 of the

Negotiable Instruments Act, 1881, challenges the conviction

entered and the sentence passed against him concurrently by the

courts below.

2. Pending this revision, the parties have settled the

matter. Crl.M.A.No. of 2007 has been filed under Section

147 of the Negotiable Instruments Act, 1881 seeking permission

to record the composition entered into between the revision

petitioner and the complainant. The said petition has been

signed by both the revision petitioner as well as the complainant

and their respective counsels. In the light of this development,

the aforementioned composition is recorded and it will have the

effect of an acquittal of the revision petitioner within the

meaning of Sec. 320 (8) Cr.P.C.

This Crl. R.P. is disposed of as above.

V. RAMKUMAR, JUDGE

ks