The High Court of Kerala allowed a criminal miscellaneous petition and quashed all further proceedings in the underlying case arising from alleged cheating and money lending offences. The order was passed on the ground that the matter had been amicably settled between the parties.
All further proceedings in the underlying criminal case are hereby 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 B.KEMAL PASHA
MONDAY, THE 29TH DAY OF JANUARY 2018 / 9TH MAGHA, 1939
Crl.MC.No. 175 of 2018
CC.873/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT, OTTAPPALAM CRIME NO.478/2014 OF SHORNUR POLICE STATION, PALAKKAD
PETITIONER/ACCUSED:
RAMACHANDRAN NAIR,
AGED 80 YEARS, S/O LATE SANKARAN NAIR, MOOTHEDATH HOUSE, KAYILIAD, SHORANUR, OTTAPALAM TALUK, PALAKKAD DISTRICT.
BY ADV.SRI.P.JAYARAM
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. RAMANKUTTY @ RAJUNNI, AGED 56 YEARS, S/O LATE RAMAN, KARUVARATHODY-ARCHANA HOUSE, KAYILIAD, SHORANUR, OTTAPALAM TALUK, PALAKKAD DISTRICT.
R1 BY PUBLIC PROSECUTOR SRI.ALEX M. THOMBRA R2 BY ADVS SRI.C.K.PADMAKARAN
SRI.P.V.JEEVESH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
EL
Crl.MC.No. 175 of 2018
APPENDIX
PETITIONER(S)' ANNEXURES
| ANNEXURE A1 |
CERTIFIED COPY OF THE FIRST INFORMATION STA SHORANUR POLICE STATI THE JUDICIAL FIRST |
FIRST INFORMATION TEMENT IN CRIME ON SUBMITTED BY POL CLASS MAGISTRATE, |
REPORT AND NO.478/2014, ICE BEFORE OTTPALAM. |
|---|---|---|---|
| ANNEXURE A2 |
CERTIFIED COPY OF THE NO.478/2014, SHORANUR POLICE IN C.C NO.873/ FIRST CLASS MAGISTRAT |
FINAL REPORT/CHARG POLICE STATION SUB 2015 ON THE FILES O E COURT, OTTAPALAM. |
E IN CRIME MITTED BY THE F THE JUDICIAL |
| ANNEXURE A3 | CERTIFIED COPY OF THE NO.478/2014, SHORANUR |
MEMORANDUM OF EVID POLICE STATION |
ENCE IN CRIME |
| ANNEXURE A4 |
AFFIDAVIT DATED EXECUTED BY THE 2ND |
23.12.2017 SWORN RESPONDENT/DEFACTO |
TO AND COMPLAINANT. |
| RESPONDENT(S)' A NIL |
NNEXURE | TRUE COPY P.S. TO JUDGE |
EL
B. KEMAL PASHA, J.
................................................................ CRL. M.C. No. 175 of 2018 ............................................................... Dated this the 29th day of January, 2018
O R D E R
Petitioner is the accused in C.C.No.873/2015 of the Judicial First Class Magistrate's Court, Ottapalam, which has arisen from Crime No.478/2014 of the Shoranur Police Station, registered for the offences punishable under Sections 420 of the Indian Penal Code and Sections 17, 18A(5) and 3 of the Kerala Money Lenders Act, 1958.
CRL.M.C.No. 175 of 2018
-: 2 :-
complaints against the petitioner.
In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.873/2015 of the Judicial First Class Magistrate's Court, Ottapalam, which has arisen from Crime No.478/2014 of the Shoranur Police Station, are hereby
quashed.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
[True copy]
P.S. to Judge.
1 issue framed by the court
Whether the criminal proceeding be quashed in view of the amicable settlement between the petitioner and the de facto complainant.
2 provisions across 2 enactments
RAMACHANDRAN NAIR
STATE OF KERALA
RAMANKUTTY @ RAJUNNI
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
