IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ASHOK MENON

TUESDAY, THE 10TH DAY OF AUGUST 2021 / 19TH SRAVANA, 1943

CRL.MC NO. 3336 OF 2021

TO QUASH THE FIRST INFORMATION REPORT(FIR) AND PROCEEDINGS IN CRIME NO.583 OF 2019 OF PEERUMADE POLICE STATION, IDUKKI DISTRICT

PETITIONERS/ACCUSED 1 TO 9:

• 1 M/S DTDC EXPRESS LIMITED, HOUSE NO.3, VICTORIA ROAD, BANGALURU-560047, REPRESENTED BY MR. RAKESH A.S., REGIONAL MANAGER (NOW ASSISTANT GENERAL MANAGER).
• 2 MR.RAKESH A.S., REGIONAL MANAGER , (NOW ASSISTANT GENERAL MANAGER), M/S. DTDC EXPRESS LIMITED, 2ND FLOOR, KUMMANCHERRY BUILDING, PATHADIPALAM, KOCHI-682 033,

PRESENT ADDRESS AT :-

M/S. DTDC EXPRESS LIMITED, NO. 2/617, A&B CONTAINER TERMINAL ROAD, NEAR TRAFFIC SIGNAL, CHERANALLUR SERVICE ROAD, CHERANALLUR, COCHIN-682034.

3 MR. RAJEH KUMAR, AREA OPERATIONS MANAGER, DTDC EXPRESS LIMITED, 2ND FLOOR, KUMMANCHERRY BUILDING, PATHADIPALAM, KOCHI-682 033,

PRESENT ADDRESS AT :-

M/S. DTDC EXPRESS LIMITED, NO. 2/617, A&B CONTAINER TERMINAL ROAD, NEAR TRAFFIC SIGNAL, CHERANALLUR SERVICE ROAD, CHERANALLUR, COCHIN-682034.

4 MRS. MINI PHILOMINA, CREDIT FINANCE CONTROLLER, DTDC EXPRESS LIMITED, 2ND FLOOR, KUMMANCHERRY BUILDING, PATHADIPALAM, KOCHI-682 033,

PRESENT ADDRESS AT :-

M/S. DTDC EXPRESS LIMITED, NO. 2/617, A&B CONTAINER TERMINAL ROAD, NEAR TRAFFIC SIGNAL, CHERANALLUR SERVICE ROAD, CHERANALLUR, COCHIN-682034.

5 MR. SANJU MUHAMMED, REGIONAL CHANNEL MANAGER, DTDC EXPRESS LIMITED, 2ND FLOOR, KUMMANCHERRY BUILDING, PATHADIPALAM, KOCHI-682 033.

PRESENT ADDRESS AT :-

M/S. DTDC EXPRESS LIMITED, NO. 2/617, A&B CONTAINER TERMINAL ROAD, NEAR TRAFFIC SIGNAL, CHERANALLUR SERVICE ROAD, CHERANALLUR, COCHIN-682034.

• 6 MR. SHANAVAS K.S., ASSISTANT BRANCH MANAGER, DTDC EXPRESS LIMITED, 42/1116, SORTING OFFICE, ADIMALY, IDUKKI.
• 7 MR. ABDUL SATHAR P.A., CHANNEL MANAGER, OPERATIONS, DTDC EXPRESS LIMITED, 42/1116, SORTING OFFICE, ADIMALY, IDUKKI.

8 MR. THILAKAN C.G., ASSISTANT MANAGER (ACCOUNTS), DTDC EXPRESS LIMITED, 2ND FLOOR, KUMMACHERRY BUILDING, PATHADIPALAM,KOCHI-682 033,

PRESENT ADDRESS AT :-

M/S. DTDC EXPRESS LIMITED, NO. 2/617, A&B CONTAINER TERMINAL ROAD, NEAR TRAFFIC SIGNAL, CHERANALLUR SERVICE ROAD, CHERANALLUR, COCHIN-682034.

9 MR. SOMASUNDARAM, MANAGER, M/S. DTDC EXPRESS LIMITED, 2ND FLOOR, KUMMANCHERRY BUILDING, PATHADIPALAM, KOCHI-682 033,

PRESENT ADDRESS AT :-

M/S. DTDC EXPRESS LIMITED, NO. 2/617, A&B CONTAINER TERMINAL ROAD, NEAR TRAFFIC SIGNAL, CHERANALLUR SERVICE ROAD, CHERANALLUR, COCHIN-682 034.

BY ADV BINU MATHEW

RESPONDENTS/STATE OF KERALA & DEFACTO COMPLAINANT:

1 STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PEERUMADE POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,

ERNAKULAM. PIN-682 031

2 JERRY MATHEW CHERIAN, S/O. MANU MATHEW, KAIPPALLIL HOUSE, ELAPPARA BHAGOM, ELAPPARA KARA, PEERUMADE, IDUKKI DISTRICT-685501.

BY ADV T.M.KRISHNA PRIYA FOR R2

SRI.T.R.RENJITH – SR.PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Dated this the 10th day of August, 2021

The petitioners are accused Nos. 1 to 9 in Crime No.583 of 2019 of Peerumade Police Station, Idukki, for having allegedly committed offences punishable under Sections 420, 120B, 477A read with Section 34 of the IPC.

2. The defacto complainant-aggrieved is the 2nd respondent. The petitioners state that the matter has been amicably settled with the defacto complainant. And, hence, the proceedings against them may be ordered to be quashed. The defacto complainant has appeared through counsel and filed affidavit at Annexure A3, stating that he has no objection in quashing the proceedings against the petitioners since the matter has been amicably settled. The main offence is compoundable. The learned Public Prosecutor has also been instructed regarding the genuineness of the settlement. The petitioners have no criminal antecedents. There is no public interest involved.

Hence, the Crl.M.C is allowed and the entire proceedings as against the petitioners in Crime No.583 of 2019 of Peerumade Police Station, stands quashed under Section 482 Cr.P.C and the accused are discharged and set at liberty.

Sd/- ASHOK MENON JUDGE

NR/10/08/2021

APPENDIX

PETITIONERS' ANNEXURE
Annexure A1	TRUE COPY (CITIZEN COPY) OF THE FIRST INFORMATION<br>REPORT DATED 08/11/2019 IN CRIME NO.583/2019 OF<br>PEERUMADE POLICE STATION, PEERUMADE, IDUKKI<br>DISTRICT.
Annexure A2	TRUE COPY OF THE MEMORANDUM OF UNDERSTANDING<br>DATED 14/07/2021,ENTERED INTO BETWEEN THE<br>PETITIONERS' AND THE 2ND RESPONDENT.
Annexure A3	AFFIDAVIT DATED 14/07/2021 SWORN IN BY THE 2ND<br>RESPONDENT, WHO IS THE DEFACTO COMPLAINANT.
Annexure A4	TRUE COPY OF THE LETTER DATED 14/07/2021, ISSUED<br>BY THE 2ND RESPONDENT /DEFACTO COMPLAINANT TO THE<br>SHO, PEERUMADE POLICE STATION, IDUKKI DISTRICT,<br>WITHDRAWING HIS COMPLAINT.

//TRUE COPY// PA TO JUDGE