IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 Crl.MC.No. 122 of 2010() ------------------------ CC.739/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHERTHALA .................... PETITIONER(S): ACCUSED 1 TO 9: ------------------------------ 1. SAJEEV KAMATH, SAJEEVALAYAM, PATTALAPPADI, MALA, TRISSUR. 2. DEEPA.S.KAMATH, VELIYARAMBU HOUSE, NEAR CHAUKADU, CHERTHALA. 3. SOMALAVATHY, SAJEEVALAYAM, PATTALAPPADI, MALA, TRISSUR. 4. GEETHA.R.KAMATH, OFFICE GUARD, JET AIRWAYS, NEDUMBASSERY, ERNAKULAM. 5. LETHA R.KAMATH, SAJEEVALAYAM, PATTALAPPADI, MALA, TRISSUR. 6. BABU, SAJEEVALAYAM, PATTALAPPADI, MALA, TRISSUR. 7. DAYANANDA SHENOY, VELIYARAMBU HOUSE, NEAR CHAUKADU, CHERTHALA. 8. MEERA @ MAYA, W/O.DAYANANDA SHENOY, VELIYARAMBU HOUSE, NEAR CHAUKADU, CHERTHALA. 9. VENKITESWARA SHENOY, VELIYARAMBU HOUSE, NEAR CHAUKADU, CHERTHALA. BY ADV. SRI.C.VALSALAN SRI.GHOSH YOHANNAN SRI.K.RAKESH ROSHAN SMT.THUSHARA.V CRMC 122 OF 2010 -2- RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------- 1. SURYAPRABHA.S.KAMATH, VEMBACAKKATTU HOUSE, V.T.LINE, PALLURUTHY, ERNAKULAM DISTRICT. 2. STATE OF KERALA REPRESENTED BY (C.I.OF POLICE) PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.PA SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.BHAVADASAN, J. ------------------------------------- Cr. MC No.122 of 2010-A ------------------------------------- Dated 2nd February 2010 Order This is a petition filed under S.482 of the Code of Criminal Procedure Code, seeking to quash all further proceedings in CC No.739/2007, pending before the JFCM Court-I, Cherthala, quashed. 2. In support of the relief prayed for by the petitioners, they rely on Annexure-III judgment of this Court, wherein it has been observed that the parties have settled the difference of opinion between them and they have decided to give a quietus to all disputes. The relevant portion of the said Judgment reads as follows : “On payment of the above amount, it is also undertaken that the appellant will not press the criminal cases and respondent can produce copy of this judgment before the criminal court for discharge.” It is stated that in pursuance of the above observation, the first petitioner produced the judgment of this Court before CR MC NO.122/10 2 the JFCM Court-I, Cherthala and sought for a discharge. The learned Magistrate then found that there was a stay issued by this Court regarding the matter pending before him. Therefore, the learned Magistrate chose to keep the petition filed by the first petitioner, in abeyance and waited for an order in the Crl.R.P. No.3382/07, in which stay was granted by this Court. It is seen that the said R.P. has been disposed of by this Court by order dated 14.09.2009. In the said order, it has been observed that the disposal of the petition was without prejudice to the right of the first petitioner to seek discharge under S.239 Cr.P.C. 3. The petitioners now apprehend that in the light of the observation made by the learned Magistrate that the details of the Crl.R.P. should be obtained, their applications may not be considered properly. 4. There is no room for the petitioners to have such an apprehension. Upon production of a copy of the order of this Court in Crl.R.P.No.3382/07, the learned Magistrate shall take necessary steps in accordance with the directions contained in Annexure-III Judgment without insisting for CR MC NO.122/10 3 any further details. The learned Magistrate shall also not insist for personal appearance of the petitioners for this purpose. This petition is disposed of as above. P.BHAVADASAN, JUDGE sta CR MC NO.122/10 4