Allowed

Jaleel Aringan v. State of Kerala

Kerala HC19 Dec 2018Crl.MC/2694/2018

Case brief

AI extract

What is this about?

The High Court of Kerala at Ernakulam, in a criminal miscellaneous case, allowed a petition under Section 482 Cr.P.C. to quash criminal proceedings initiated against the petitioners. The court accepted the affidavit of settlement by the victim and found no public interest involved, thereby quashing the case.

What did the court decide?

The proceedings in Crime No. 655 of Payyannur Police Station are quashed. The learned magistrate may pass appropriate orders for the disposal of the material objects.

Jaleel Aringan Vs State of Kerala — Cheque Dishonour | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶4

WEDNESDAY,THE 19TH DAY OF DECEMBER 2018 / 28TH AGRAHAYANA, 1940

¶5

Crl.MC.No. 2694 of 2018

¶6

CRIME NO. 655/2013 OF PAYYANNUR POLICE STATION, KANNUR

¶7

PETITIONER/S:

¶8

1 JALEEL ARINGAN AGED 42 YEARS, S/O.UNNEN, ARINGAN HOUSE, CHERUVANNA, ERADIKKODE, EDAVANNA P.O., MALAPPURAM DISTRICT.

¶9

2 SHAJIMON A. AGED 42 YEARS, S/O.ALAVI, ARAYANGAL HOUSE, CHERUVANNA, ERADIKKODE, EDAVANNA P.O., MALAPPURAM DISTRICT.

¶10

BY ADVS. SRI.P.R.SREEJITH SMT.MAYA CHANDRAN SRI.M.PROMODH KUMAR

¶11

RESPONDENT/S:

¶12

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

¶13

2 VENUGOPALAN T.V. S/O.LATE AMBU, AGED 49 YEARS, MADAKKAMPOIL, PERINGOME P.O., PAYYANNUR TALUK, KANNUR DISTRICT-670307.

¶14

BY ADV. SRI.K.B.SAJEESH

¶15

Crl.MC.No. 2694 of 2018

¶16

..2..

¶17

OTHER PRESENT:

¶18

SR. PP. C.S. HRITHWIK

¶19

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶20

O R D E R

¶21

Petition filed under Section 482 Cr.P.C.

¶22

2.The petitioners are the accused in Crime No. 655 of Payyannur Police Station registered for the offences under Sections 120B & 420 of the Indian Penal Code and Sections 66A & 66D of IT Act. The second respondent is the victim. It is submitted that the matter has been settled and the proceedings in the criminal case may be quashed.

¶23

3.Heard the learned counsel for the petitioners

¶24

and the second respondent and the learned

¶25

Public Prosecutor.

¶26

4.I have perused the affidavit filed by the

¶27

Crl.MC.No. 2694 of 2018

¶28

..3..

¶29

second respondent, who has entered appearance through counsel. I am satisfied that the allegation of settlement is true and no public interest is involved. There is no impediment for granting the prayer of the petitioners.

¶30

In the result, this Crl.M.C. is allowed. The proceedings in Crime No. 655 of Payyannur Police Station are quashed. The learned magistrate may pass appropriate orders for the disposal of the material objects, if any, produced in the case.

Sd/-

K.ABRAHAM MATHEW

JUDGE

Bka/20.12.2018

APPENDIX

PETITIONER'S/S EXHIBITS:

¶37

ANNEXURE 1

¶38

TRUE COPY OF THE NOTICE DATED 22-22018 BY THE INSPECTOR OF POLICE (CI), PAYYANNUR TO THE 1ST PETITIONER.

¶39

Crl.MC.No. 2694 of 2018

¶40

..4..

¶41

ANNEXURE 2 TRUE COPY OF THE NOTICE DATED 22-22018 BY THE INSPECTOR OF POLICE (CI), PAYYANNUR TO THE 2ND PETITIONER.

¶42

ANNEXURE 3 CERTIFIED COPY OF THE FIR IN CRIME NO.655/2013 OF THE PAYYANNUR POLICE STATION, KANNUR DISTRICT.

¶43

ANNEXURE 4 THE AFFIDAVIT DATED 07-04-2018 SWORN BY THE 2ND RESPONDENT STATING THAT HE HAS NO GRIEVANCE SURVIVING AGAINST THE PETITIONERS.

Jaleel Aringan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jaleel Aringan 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

Valsan Vs State of Kerala

Sudheesh Vs State of Kerala

Shamseer Vs State of Kerala

M.R. Salim Vs State of Kerala

Kurian Vs State of Kerala

Sreenivasan Vs State of Kerala