In a criminal miscellaneous case, the petitioner accused of cheating under Section 420 IPC had settled with the de facto complainant. After the Public Prosecutor noted the settlement and legal possibility of composition, the court disposed of the petition without determining the quashing application.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN
MONDAY, THE 1ST DAY OF OCTOBER 2012/9TH ASWINA 1934
Crl.MC.No. 938 of 2012 ()
CRIME NO. 1344/2011 OF KOLLAM EAST POLICE STATION, KOLLAM DISTRICT
PETITIONER/ACCUSED :
VIDYA, AGED 20 YEARS D/O.AMBIKA, PANDAKASALA VEEDU, KAVALIL KOCHUKALLU PUNNATHALA CHERRY, THANKASSERI P.O. KOLLAM WEST VILLAGE, KOLLAM DISTRICT, PIN 691 007.
BY ADVS.SRI.C.RAJENDRAN SMT.DHANYA S.DHARAN SMT.R.S.SREEVIDYA
RESPONDENTS/DE-FACTO COMPLAINANT & STATE :
1. GEETHABHAI AMMA, AGED 46 YEARS
2. THE STATE OF KERALA
R1 BY ADV. JOSE VAKALATH R2 BY PUBLIC PROSECUTOR SRI. R. RANJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-10-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
...2/-
Crl.MC.No. 938 of 2012 ()
APPENDIX
PETITIONERS' ANNEXURES :
ANNEXURE-A1. A TRUE PHOTOCOPY OF THE FIR IN CRIME NO.1344/2011 OF KOLLAM EAST POLICE STATION.
RESPONDENTS' EXHIBITS : NIL
//TRUE COPY//
P.A. TO JUDGE
Mn
S.S.SATHEESACHANDRAN, J.
----------------------------------------------Crl.M.C No.938 OF 2012
------------------------------------------------------Dated this the 1st day of October, 2012
ORDER
Petitioner is the accused in a crime involving the offence punishable under Section 420 of Indian Penal Code. She has settled the matter with the de facto complainant, is the case canvassed for quashing the criminal proceedings against her. Learned Public Prosecutor after getting instructions submits that after investigation final report has been laid before the Magistrate indicting the petitioner for offence punishable under Section 420 of Indian Penal Code. In case there is any settlement between the accused and the de facto complainant, having regard to the offence imputed, it is open to the parties to seek composition moving an application before the Magistrate under Section 320 of the Code of Criminal Procedure.
Petition is disposed of.
vdv
S.S.SATHEESACHANDRAN, JUDGE
1 issue framed by the court
Whether criminal proceedings under Section 420 IPC can be quashed upon settlement between the accused and the de facto complainant.
2 provisions across 2 enactments
Vidya
Geethabhai Amma
The State of Kerala
S.S. Satheesachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
