Allowed

Afsal v. State of Kerala

Kerala HC16 Feb 2017Crl.MC/873/2017

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition, the High Court of Kerala allowed the petition and quashed proceedings for theft and forgery. The Court held that since the dispute had been resolved and no larger question of public importance arose, the case was essentially personal.

What did the court decide?

Criminal Miscellaneous Case allowed; all further proceedings arising from Crime No.1228 of 2016 quashed.

Afsal Vs State of Kerala — Quashing and FIR | Kerala HC (2017)

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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 SUNIL THOMAS

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THURSDAY, THE 16TH DAY OF FEBRUARY 2017/27TH MAGHA, 1938

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Crl.MC.No. 873 of 2017 ()

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AGAINST THE ORDER/JUDGMENT IN CMP 6034/2016 of J.M.F.C.,CHAVAKKAD CRIME NO. 1228/2016 OF CHAVAKKAD POLICE STATION , TRISSUR

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PETITIONER)/ACCUSED:

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AFSAL AGED 38 YEARS, S/O. MOITHUTTY, PANIKAVEETIL KOTTILUNGAL HOUSE, KOHINOOR VILLA, CHAVAKKAD, THRISSUR DISTRICT.

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BY ADVS.SRI.SANTHOSH P.PODUVAL

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SMT.R.RAJITHA SMT.VINAYA V.NAIR SRI.VYSAKH VIJAYAN

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RESPONDENT(S)/STATE & DEFACTO COMPLAINANT:

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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. - 682031

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2. PAUL,

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AGED 52 YEARS, S/O. PURATHUR MATHEW HOUSE, ENGANDIYUR, VADANAPALLY, THRISSUR DISTRICT - 680 751 MANAGING DIRECTOR, ARAMANA GOLD AND DIAMOND PVT.LTD, CHETTUVA ROAD, CHAVAKKAD, THRISSUR.

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R2 BY ADV. SRI.M.REVIKRISHNAN BY PUBLIC PROSECUTOR: SRI AMJAD ALI

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16-02-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 873 of 2017 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A CERTIFIED COPY OF THE FIR IN CRIME NO.1228/16 OF CHAVAKKAD POLICE STATION.

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ANNEXURE B AFFIDAVIT SWORN BY THE 2ND RESPONDENT.

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RESPONDENT(S)' EXHIBITS:NIL

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True Copy / P A to Judge

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SUNIL THOMAS, J.

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=================

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Crl.M.C.No.873 of 2017

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=================

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Dated this the 16^th day of February, 2017

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ORDER

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Petitioner herein is the sole accused in Crime No.1228 of 2016 of Chavakkad Police Station for offences punishable under sections 379 and 468 of Indian Penal Code.

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The second accused alleged that the petitioner herein had falsified certain accounts and committed theft of gold ornaments worth about rupees 88 lakhs. On the basis of the private complaint laid, matter was forwarded to the police for investigation and it is progressing.

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Petitioner has approached this Court contending that the dispute with the second respondent has now been resolved and that the dispute arose out of certain business transactions. Learned counsel for the second respondent, relying on Annexure-B affidavit submitted that the disputes have been resolved and that, he has no further grievance against the petitioner herein. Learned Public Prosecutor on instructions submitted that the petitioner is not involved in any other crime.

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Essentially, the dispute seems to have arisen from a business transaction between both sides. Having regard to the

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Crl.M.C.873/17

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settlement now arrived at, I am inclined to allow the Crl.M.C. and to prematurely terminate all further proceedings since there are indications that this is essentially a personal dispute and no larger question of public importance arises.

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In the result, Crl.M.C is allowed. All further proceedings arising from Crime No.1228 of 2016 of Chavakkad Police Station stand quashed.

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Sd/-

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SUNIL THOMAS Judge

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Sbna/16/2/17

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True Copy / P A to Judge

Afsal v. State of Kerala

Case brief

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What did the court decide?

Afsal v. State of Kerala

Case brief

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