The Court quashed the final report in a criminal case involving Sections 420 IPC and the Money Lenders Act, holding that further prosecution was unnecessary due to an amicable settlement on a monetary dispute.
Quashing of the Final Report in Crime No. 865/2013 and dismissal of pending interlocutory applications.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
FRIDAY, THE 16TH DAY OF MAY 2014/26TH VAISAKHA, 1936
Crl.MC.No. 760 of 2014 ()
CC 2202/2013 of ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM
CRIME NO. 865/2013 OF VANCHIYOOR POLICE STATION , THIRUVANANDAPURAM
PETITIONER(S)/ACCUSED:
SANAL KUMAR, AGED 39 YEARS TC 31/1034, VELAKUDI VEEDU, CHAKAI PETTAH P.O., THIRUVANANTHAPURAM.
BY ADV. SRI.SUMAN CHAKRAVARTHY
RESPONDENT(S)/STATE:
ADDL.RESPONDENTS/CWS 1 TO 5:
(ADDL.RESPONDENTS 2 TO 5 IMPLEADED AS PER ORDER DATED 16.05.2014 ON CRL.M.A.NO.4483/2014)
R2 TO R6 BY ADV. SRI.M.R.RAJESH R2 TOP R6 BY ADV. SRI.BECHU KURIAN THOMAS R1 BY PUBLIC PROSECUTOR SMT.MADHUBEN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-05-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO.760/2014
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE -A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.865/2013 OF VANCHIYOOR POLICE STATION
ANNEXURE-B ORIGINAL AFFIDAVIT OF THE ADDL.2ND RESPONDENT DATED 31.01.2014 ALONG WITH COPY OF HIS DRIVING LICENSE
ANNEXURE-C ORIGINAL AFFIDAVIT OF THE ADDL.3RD RESPONDENT DATED 01.02.2014 ALONG WITH COPY OF HIS PASSPORT
ANNEXURE-D ORIGINAL AFFIDAVIT OF THE ADDL.4TH RESPONDENT DATED 01.02.2014 ALONG WITH COPY OF HIS VOTERS ID
ANNEXURE-E ORIGINAL AFFIDAVIT OF THE ADDL.5TH RESPONDENT DATED 01.02.2014 ALONG WITH COPY OF HER VOTERS ID
ANNEXURE-F ORIGINAL AFFIDAVIT OF THE ADDL.6TH RESPONDENT DATED 05.05.2014 ALONG WITH COPY OF HER VOTERS ID
RESPONDENTS' EXHIBITS NIL
A.HARIPRASAD, J.
Crl.M.C. No.760 of 2014
-------------------------------------Dated this the 16th day of May, 2014.
ORDER
Petitioner is the accused in Crime No.865 of 2013 of Vanchiyoor Police Station. The matter is pending before the court of Additional Chief Judicial Magistrate, Thiruvananthapuram as C.C.No.2202 of 2013. The petitioner is charged with offences punishable under Section 420 of the Indian Penal Code and Section 3 read with Section 17 of the Money Lenders Act. In this petition, the petitioner filed Crl.M.A.No.4483 of 2014 to implead additional respondents 2 to 5. That petition is allowed vide separate order.
2
Crl.MC No.760/2014
affidavits and on hearing the parties, I am of the view that further prosecution will yield no result. Therefore, the petition is allowed in the following terms:
Annexure-A final report in Crime No. 865 of 2013 of
Vanchiyoor Police Station is hereby quashed.
All pending interlocutory applications will stand dismissed
A. HARIPRASAD, JUDGE.
cks
1 issue framed by the court
Whether the final report filed by the police in the money dispute case should be quashed considering the amicable settlement?
2 provisions across 2 enactments
Sanal Kumar
State of Kerala
Manojkumar
Jyothibasu @ Kannan
Krishnakutty
Amudini
A. Hariprasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
