Allowed

Siraj Mather v. State of Kerala

Kerala HC17 Jan 2018Crl.MC/108/2018

Case brief

AI extract

What is this about?

In this criminal miscellaneous case, the High Court of Kerala quashed further proceedings in a criminal complaint filed against two accused persons. The court found that the matter had been amicably settled between the petitioners and the de facto complainant, who confirmed via affidavit that no complaints existed. Consequently, the Court held that no purpose would be served in proceeding with the

What did the court decide?

All further proceedings in C.C. No. 164/2017 as against the petitioners based on Crime No. 1901/2013 are quashed.

Siraj Mather Vs State of Kerala — Cheating and Forgery | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

¶3

WEDNESDAY, THE 17TH DAY OF JANUARY 2018 / 27TH POUSHA, 1939

¶4

Crl.MC.No. 108 of 2018

¶5

CC.NO. 164/2017 OF CHIEF JUDICIAL MAGISTRATE COURT,ERNAKULAM CRIME NO.1901/2013 OF ERNAKULAM CENTRAL POLICE STATION,ERNAKULAM

¶6

PETITIONER(S)/ACCUSED 2 AND 3:

¶7

1 SIRAJ MATHER, S/O K.M ABDUL REHMAN MATHER, AGED 56 YEARS, PROMENADE, PAVOOR ROAD, PADIVATTOM, KOCHI-682 024.

¶8

2 NISHA SAM, NOW WORKING IN ASTEN REALTORS PVT. LTD, 28, ASTEN, N.H BYEPASS, KOCHI-682 028.

¶9

BY ADV.SRIP.S.SUJETH

¶10

RESPONDENT/COMPLAINANT.:

¶11

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

¶12

2. MATHER PROJECTS PVT LTD, KODIATT CHAMBERS, RAJAJI ROAD,KOCHI-682 035, REPRESENTED BY CHIEF EXECUTIVE OFFICER, M.R NARAYANA SARMA.

¶13

R1 BY PUBLIC PROSECUTOR SRI.C.S.HRITHWIK R2 BY ADV. SRI.PRAVEEN K. JOY

¶14

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-01-2018,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶15

sts

¶16

Crl.MC.No. 108 of 2018 ()

¶17

APPENDIX

¶18

PETITIONER(S)'ANNEXURES:

¶19

ANNEXURE A THE TRUE COPY OF THE COMPLAINT OF CJM COURT, ERNAKULAM. ANNEXURE B THE CERTIFIED PHOTOCOPY OF THE FINAL REPORT IN CC 164/2017 BEFORE CJM ERNAKULAM. ANNEXURE C THE TRUE COPY OF THE AFFIDAVIT OF THE 2ND RESPONDENT.

¶20

RESPONDENT'S ANNEXURES: NIL

/TRUE COPY/

P.S.TO JUDGE

sts

B. KEMAL PASHA, J.

¶25

................................................................ CRL.M.C. No. 108 of 2018

¶26

............................................................... Dated this the 17^th day of January, 2018

¶27

O R D E R

¶28

Petitioners are accused Nos.2 and 3 in C.C.No.164/2017 of the Chief Judicial Magistrate's Court, Ernakulam which has arisen from Crime No.1901/2013 of the Ernakulam Central Police Station, registered for the offences punishable under Sections 120B, 409 and 420 of the Indian Penal Code.

¶29

It seems that the matter has been amicably settled between the petitioners and the defacto complainant, who is the 2^nd respondent herein.

¶30

The 2^nd respondent has filed Annexure C affidavit affirming that the matter has been amicably settled between him and the petitioners and presently, he has no complaints

¶31

CRL.M.C.No. 108 of 2018

¶32

-: 2 :-

¶33

against the petitioners. Considering the fact that the matter has already been settled amicably between the parties, this Court is satisfied that no purpose would be served in proceeding with the trial of the case. Matters being so, all further proceedings in C.C.No.164/2017 of the Chief Judicial Magistrate's Court, Ernakulam, as against the petitioners, based on Annexure B Final Report in Crime No.1901/2013 of the Ernakulam Central Police Station, can be quashed.

¶34

In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.164/2017 of the Chief Judicial Magistrate's Court, Ernakulam, as against the petitioners, based on Annexure B Final Report in Crime No.1901/2013 of the Ernakulam Central Police Station, are hereby quashed.

¶35

Sd/- B. KEMAL PASHA, JUDGE.

¶36

ul/-

¶37

[True copy]

¶38

P.S. to Judge.

Siraj Mather v. State of Kerala

Case brief

What is this about?

What did the court decide?

Siraj Mather v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ramesh Kumar Vs State of Kerala

Pradeep Kumar Vs Manoj

Premisha Vs State of Kerala

Jagannatha Prasad Vs Mr.Rajendra Prasad

Fr. Jacob Sherry Chacko Vs State of Kerala

[email protected] Vs the State of Kerala