Allowed

Shanto Peter v. State of Kerala

Kerala HC29 Jan 2016Crl.MC/240/2016

Case brief

AI extract

What is this about?

This writ petition challenged proceedings in Crime No. 44/2014. The High Court, High Court, High Court, upon noting that the parties had amicably settled the matter without criminal antecedents for the accused, allowed the petition and quashed the Final Report and all further proceedings in the case against petitioners 1 to 3. Order date: 29th January 2016. Justice B.Kemal Pasha.

What did the court decide?

Quashed Annexure-A2 Final Report in Crime No. 44/2014 and all further proceedings in it as against petitioners 1 to 3.

Shanto Peter Vs State of Kerala — Cheque Dishonour | Kerala HC (2016)

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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 B.KEMAL PASHA

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FRIDAY, THE 29TH DAY OF JANUARY 2016/9TH MAGHA, 1937

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Crl.MC.No. 240 of 2016

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CRIME NO. 44/2014 OF RAMAPURAM POLICE STATION, KOTTAYAM

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PETITIONER(S):

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

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1. SHANTO PETER, AGED 34 YEARS,

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S/O.PETER, RESIDING AT VETTIYODITHADATHIL HOUSE, PUTHUVELI POST, PIN-686 636, PUTHUVELI KARA,

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VELIYANNOOR VILLAGE, KOTTAYAM DISTRICT.

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2. JOSEPH PETER @ SHAJI, AGED 40 YEARS,

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S/O.PETER, RESIDING AT VETTIYODITHADATHIL HOUSE, PUTHUVELI POST, PIN-686636 PUTHUVELI KARA, VELIYANNOOR VILLAGE, KOTTAYAM DISTRICT.

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3. SHAJO PETER, AGED 31 YEARS, S/O.PETER, RESIDING AT VETTIYODITHADATHIL HOUSE, PUTHUVELI POST, PIN-686 636, PUTHUVELI KARA,

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VELIYANNOOR VILLAGE, KOTTAYAM DISTRICT.

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4. ELIZABETH SEBASTIAN, AGED 32 YEARS, W/O.BIJO, PULLUVELIL HOUSE, KANJIRAPPALLY VILLAGE,

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KANJIRAPPALLY.

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BY ADV. SRI.JOSE TOM C. KANDATHIL

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RESPONDENT(S):

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

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STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, RAMAPURAM POLICE STATION, PALA, KOTTAYAM.

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BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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msv/

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Crl.MC.No. 240 of 2016

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APPENDIX

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PETITIONER(S)' ANNEXURES:

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ANNEXURE A1: TRUE COPY OF FIR NO.44 OF 2014 DTD.22.1.2014.

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ANNEXURE A2: TRUE COPY OF FINAL REPORT DTD.5.4.2014 FILED BEFORE THE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT, PALA.

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RESPONDENT(S)' ANNEXURES:

NIL

//TRUE COPY//

P.S.TO JUDGE

Msv/

B.KEMAL PASHA, J.

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================ Crl.M.C. No.240 of 2016

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======================= Dated this the 29^th day of January, 2016

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O R D E R

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Petitioners 1 to 3 are the accused and 4^th petitioner is the de facto complainant in Crime No.44/2014 of the Ramapuram Police Station, Kottayam District, registered for the offence punishable under Section 379 read with Section 34 IPC.

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A private complaint was filed by the de facto complainant, who is the 4^th petitioner herein before the Judicial First Class Magistrate's Court, Pala as CMP No.978/2014 and the same was forwarded to the Police under Section 156(3) Cr.P.C. Consequently, the crime has been registered. Presently, the parties have settled the matter. No criminal antecedents have been reported against

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Crl.M.C. No.240 of 2016

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-: 2 :-

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the accused. When the matter has been amicably settled between the parties, no purpose would be served in proceeding with the investigation in the matter any further. Matters being so, Annexure-A2 Final Report in Crime No.44/2014 of the Ramapuram Police Station, and all further proceedings in it, as against petitioners 1 to 3, can be quashed.

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In the result, this Crl.M.C. is allowed and Annexure-A2 Final Report in Crime No.44/2014 of the Ramapuram Police Station, and all further proceedings in it, as against petitioners 1 to 3, are hereby quashed.

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Sd/- B.KEMAL PASHA, JUDGE

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stu

Shanto Peter v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shanto Peter v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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