Allowed

Usha v. and Another v State of Kerala and Another

Kerala HC11 Nov 2010Crl.MC/3675/2010

Case brief

AI extract

What is this about?

The High Court allowed the petition to quash an FIR alleging cheque tampering under Sections 408 and 120B IPC. Finding the dispute was personal and amicably settled via an agreement, the court held that continuing prosecution was not in the interest of justice. Crime No. 273/2010 was quashed.

What did the court decide?

Crime No. 273/2010 of Hosdurg Police Station registered under Annexure-I FIR is quashed.

Usha v. and Another Vs State of Kerala and… — Contract and Commercial Disputes | Kerala HC (2010)

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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 M.SASIDHARAN NAMBIAR THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932

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Crl.MC.No. 3675 of 2010() -------------------------------------(CRIME NO.273/10 OF HOSDURG POLICE STATION) .....

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PETITIONER(S): ACCUSED:

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-----------------------------------------

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1. USHA V., D/O.KUNHAMBU, ATHIYAMBOOR, KANHANGAD P.O., KASARGOD.

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2. MADHUSOODANAN V., S/O.KUNHAMBU, ATHIYAMBOOR, KANHANGAD P.O., KASARGOD.

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BY ADVS. SRI.SOJAN MICHEAL, SMT.DHANYA P.ASHOKAN.

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RESPONDENT(S): STATE & DEFACTO COMPLAINANT:

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--------------------------------------------------------------------------------

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

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2. JOHN K.I., S/O.IPE KINATTUMMOOTTIL, MANAGING DIRECTOR, KANHANGAD RUBBERS, KANHANGAD, KASARGOD DISTRICT.

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R1 BY PUBLIC PROSECUTOR SRI. P.A. SALIM R2 BY ADV. SRI.NISHIL.P.S.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Kss

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M.SASIDHARAN NAMBIAR,J.

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--------------------------------------------- CRL.M.C.NO.3675 OF 2010 --------------------------------------------- Dated 12^th November, 2010

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O R D E R

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Petitioners are the accused in

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crime No.273/2010 of Hosdurg Police Station registered under Annexure-I FIR, for the offences under Sections 408 and 120 B read with Section 34 of Indian Penal Code on the allegation that the petitioners made alterations in a signed cheque kept in the office of the de facto complainant, Kanhangad Rubbers, Kanhangad and thereby committed the offences. Petition is filed under Section 482 of Code of Criminal Procedure to quash the FIR and further proceedings contending that entire disputes were amicably settled with the second respondent.

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Crmc 3675/10

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Second respondent appeared through a

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counsel and filed an affidavit stating that entire disputes were settled amicably and therefore, the case is to be quashed.

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Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard.

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The offences alleged in Annexure-I

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FIR is purely personal in nature. Annexure-II agreement entered into by the petitioners and second respondent, the Managing Director of Kanhangad Rubbers, establish that entire disputes were settled amicably.

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instructions submitted that the statement of

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the present Managing Director was also recorded and it establishes that there was settlement of

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all the disputes with the petitioners. In the

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Crmc 3675/10

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light of the settlement, as held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC) , it is not in the

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interest of justice to continue the prosecution. Petition is allowed. Crime No.273/2010 of Hosdurg Police Station registered under Annexure-I FIR is quashed.

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M.SASIDHARAN NAMBIAR, JUDGE.

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uj.

Usha v. and Another v State of Kerala and Another

Case brief

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Usha v. and Another v State of Kerala and Another

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