Quashed

A.Santhakumari v. K.Vasudevan Pillai

Kerala HC8 Apr 2008Crl.MC/2359/2004

Case brief

AI extract

What is this about?

The High Court of Kerala, on an application under Section 482 Cr.P.C., quashed a private complaint for cheating and criminal conspiracy. The court observed that the alleged transaction was civil in nature. However, given that the parties settled the matter out of court and the complainant did not wish to proceed, the complaint and further proceedings were quashed without delving into merits.

What did the court decide?

The complaint (Annexure A3) and C.C.No.1051/2004, along with all further proceedings, were quashed.

A.Santhakumari Vs K.Vasudevan Pillai — Quashing and FIR | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.K.MOHANAN

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TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930

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Crl.MC.No. 2359 of 2004()

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------------------------CC.1051/2004 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM

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PETITIONER: 2ND ACCUSED.

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A.SANTHAKUMAR, W/O.KRISHNANKUTTY, RESIDING AT HOUSE NO.XXXV/1284, VALANJAMBALAM, CHITTOOR ROAD, ERNAKULAM.

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BY ADV. SRI.K.K.SATHEESH

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RESPONDENTS: COMPLAINANT AND STATE.

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K. VASUDEVAN PILLAI, S/O.KRISHNA PILLAI, THOPPIL ESTATE, VYTTILA, KOCHI.

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STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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R2 BY PUBLIC PROSECUTOR SRI C.M.KAMMAPPU.

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V.K.MOHANAN, J.

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CRL.M.C.No.2359 OF 2004

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Dated, 8^th April, 2008.

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ORDER

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This petition is filed under section 482 of the Cr.P.C by the 2^nd accused in C.C.No.1051/2004 pending before the Judicial First Class Magistrate Court-1, Ernakulam with a prayer to quash Annexure A3 complaint and all further proceedings in the above case.

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It appears that the above private complaint is filed for the offences under sections 420 and 120B of IPC alleging that the accused petitioner herein cheated the complainant without executing the document for sale of the property which is the subject matter of the agreement dated 22-5-2001 and they have sold the property to some person and thereby committed the offences punishable under sections 420 read with 34 of the IPC.

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When the matter was taken for consideration on 3-42008, it was submitted that the matter is likely to settle out of court and prays time for further hearing.

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When this matter taken today for consideration, the

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Crl.M.C.2359/04

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-:2:-

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counsel for both the petitioner as well as the Ist respondent/complainant and also the learned Government Pleader were present and were heard.

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The counsel for the contesting parties submitted and agreed that the case has been settled out of court and the Ist respondent/complainant does not want to proceed with the case and the proceedings before the court below can be quashed in

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the background of the settlement of the case between the parties. On a perusal of the available materials and the averments contained in Annexure 3 complaint, it appears to me that the alleged transaction is only civil in nature. However, since the matter is settled out of court, I am not proposed to enter into any finding on merit. In the light of the above facts and circumstances, I feel that the above Crl.M.C. can be disposed of quashing Annexure A3 complaint and C.C.No.1051/2004.

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In the result, Annexure A3 complaint and C.C.No.1051/2004 and all further proceedings thereon pending

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Crl.M.C.2359/04

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in the court of the Judicial Magistrate of the Ist Class, Ernakulam

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are quashed and the Crl.M.C. is accordingly disposed of.

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V.K.MOHANAN, JUDGE.

kvm/-

Crl.M.C.2359/04

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V.K.MOHANAN, J.

No....

Judgment/Order

Dated:

A.Santhakumari v. K.Vasudevan Pillai

Case brief

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What did the court decide?

A.Santhakumari v. K.Vasudevan Pillai

Case brief

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