The High Court of Kerala allowed a petition under Section 482 Cr.P.C. to quash criminal proceedings for cheating. The court, satisfied by the Second Respondent's affidavit that the matter was settled, held no public interest was involved and granted the prayer to quash the case.
The criminal case (Crime No. 2079 of 2017) filed against the petitioner is quashed.
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 K.ABRAHAM MATHEW
TUESDAY, THE 13TH DAY OF MARCH 2018 / 22ND PHALGUNA, 1939
Crl.MC.No. 1309 of 2018
CRIME NO.2079/2017 OF ERAVIPURAM POLICE STATION, KOLLAM DISTRICT.
PETITIONER/ACCUSED:
THAHINA, W/O.ANZAR, KCHUTHANGAL NAGAR, VADAKEVILA, ERAVIPURAM, KOLLAM.
BY ADVS.SRI.M.KIRANLAL
SRI.R.RAJESH (VARKALA) SRI.G.KIRAN
RESPONDENT(S)/COMPLAINANT/STATE:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682031.
2. DEVADASON, S/O.NARAYANAN, VALLIYAVEETTIL, PADINJATTATHIL, SAUHRIDHA NAGAR-22, ERAVIPURAM, KOLLAM-691022.
3. SUB INSPECTOR OF POLICE, ERAVIPURAM POLICE STATION, KOLLAM DISTRICT-691001. R1 & R3 BY SENIOR PUBLIC PROSECUTOR SRI.ALEX M. THOMBRA R2 BY ADV. SMT.M.R.JAYALATHA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
Crl.MC.No. 1309 of 2018 ()
APPENDIX
PETITIONERS' ANNEXURES:
ANNEXURE A1 THE TRUE COPY OF THE FIR IN CRIME NO.2079/2017.
ANNEXURE A2 THE AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT.
RESPONDENTS' ANNEXURES: NIL
/TRUE COPY/
P.S.TO JUDGE
mbr/ 13.03.2018.
K. ABRAHAM MATHEW, J.
Crl.M.C. No. 1309 of 2018
Dated this the 13th day of March, 2018
O R D E R
Petition filed under Section 482 Cr.P.C.
In the result, this Crl.M.C. is allowed. The proceedings in Crime No. 2079 of 2017 of Eravipuram Police Station are quashed. If any material object has been produced in the case, the learned magistrate may pass appropriate orders for disposal.
Sd/- K. ABRAHAM MATHEW JUDGE
bka/
2 issues framed by the court
Whether proceedings in a criminal complaint for cheating can be quashed when the matter has been settled by the parties and no public interest is involved.
Whether an affidavit from the victim establishing settlement is sufficient to satisfy the court for quashing of criminal proceedings.
2 provisions across 2 enactments
Thahina, W/o.Anzar
State of Kerala
Devadason, S/o.Narayanan
Sub Inspector of Police, Eravipuram Police Station
K.Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
