The High Court quashed criminal proceedings against the petitioner-arrested for cheating offences after finding that the matter had been amicably settled between the parties and no purpose would be served by continuing the trial.
All further proceedings in C.C.No.49 of 2016 against the petitioner are 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
WEDNESDAY, THE 14TH DAY OF FEBRUARY 2018 / 25TH MAGHA, 1939
Crl.MC.No. 243 of 2018
CC 49/2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KADAKKAL. CRIME NO.1523/2015 OF CHADAYAMANAGALAM POLICE STATION, KOLLAM.
PETITIONER/ACCUSED:
BALACHANDRAN PILLAI, AGED 67 YEARS, S/O.SANKARA PILLAI, RESIDING AT PARAKATTIL VEEDU, AYOOR, ELAMULAKKAL VILLAGE, KOLLAM DISTRICT.
BY ADVS.SRI.V.AJAKUMAR
SRI.SIDHARTH A.MENON
RESPONDENT(S)/STATE AND COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM-682031.
2. THE SUB INSPECTOR OF POLICE, CHADAYAMANGALAM POLICE STATION, CHADAYAMANGALAM P.O., KOLLAM DISTRICT, PIN-691001.
3. SASIDHARAN NAIR, AGED 67 YEARS, S/O.NANU PILLAI, RESIDING AT KUNNATHUVEEDU, AYOOR, ELAMULAKKAL VILLAGE, KOLLAM DISTRICT, PIN-691001.
R1 & R2 BY PUBLIC PROSECUTOR SRI.ALEX M. THOMBRA R3 BY ADV. SMT.S.R.REMYA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No. 243 of 2018 ()
APPENDIX
PETITIONERS' ANNEXURES:
ANNEXURE 1 THE CERTIFIED COPY OF THE FIR IN CRIME NO.1523/2015 ALONG WITH THE TRUE COPY OF THE COMPLAINT FILED BY THE 3RD RESPONDENT. ANNEXURE 2 TRUE COPY OF THE AGREEMENT FOR SALE DATED 13.11.2014. ANNEXURE 3 TRUE COPY OF THE REPORT. ANNEXURE 4 THE CERTIFIED COPY OF THE FINAL REPORT.
RESPONDENTS' ANNEXURES: NIL
/TRUE COPY/
P.S.TO JUDGE
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B.KEMAL PASHA, J.
Crl.M.C.No.243 of 2018
Dated this the 14th day of February, 2018
ORDER
Petitioner is the accused in C.C.No.49 of 2016 of the Judicial First Class Magistrate's Court, Kadakkal, which has arisen from Crime No.1523/2015 of the Chadayamangalam Police Station, for the offences punishable under Sections 406, 417, 420 and 465 of the Indian Penal Code.
2
Crl.M.C.No.243 of 2018
2016 of the Judicial First Class Magistrate's Court, Kadakkal, which has arisen from Crime No.1523/2015 of the Chadayamangalam Police Station, against the petitioner, are liable to be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.49 of 2016 of the Judicial First Class Magistrate's Court, Kadakkal, which has arisen from Crime No.1523/2015 of the Chadayamangalam Police Station, against the petitioner, are hereby quashed.
Sd/-
B.KEMAL PASHA, JUDGE
skj
2 issues framed by the court
Whether the criminal proceedings can be quashed upon amicable settlement between the parties
Whether the accused has any criminal antecedents that would preclude quashing of the proceedings
BALACHANDRAN PILLAI
STATE OF KERALA
SASIDHARAN NAIR
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
