Allowed

Sudhir Mahajan v. M/S. Dimensions Cybertech India Pvt. Ltd.

Kerala HC6 Sept 2018Crl.MC/3237/2018

Case brief

AI extract

What is this about?

Hon'ble High Court of Kerala allowed a petition under Section 482 Cr.P.C. to quash criminal proceedings initiated against the petitioner for offences under IPC Sections 406, 420, and 477A. The court found based on settled facts and no public interest involvement that the proceedings may be quashed.

What did the court decide?

The criminal proceedings in C.C.No.760 of 2009 on the file of JFCM Court-II, Attingal are quashed.

Sudhir Mahajan Vs M/S. Dimensions Cybertech… — Contract and Commercial Disputes | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

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THURSDAY ,THE 06TH DAY OF SEPTEMBER 2018 / 15TH BHADRA, 1940

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Crl.MC.No. 3237 of 2018

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AGAINST THE ORDER/JUDGMENT IN CC 760/2009 of J.M.F.C.II,ATTINGAL

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CRIME NO. 228/2007 OF Kazhakkuttom Police Station , Thiruvananthapuram

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PETITIONER/S:

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SUDHIR MAHAJAN

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AGED 50 YEARS, S/O. SHRI SATISH MAHAJAN,B24/12, DOUBLE STOREY,RAMESH NAGAR, NEW DELHI 110 015.

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BY ADV. SRI. LINDONS C.DAVIS

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RESPONDENT/S:

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1 M/S. DIMENSIONS CYBERTECH INDIA PVT. LTD. REPRESENTED BY MANAGING DIRECTOR ANIYAN KUTTY,THROUGH HIS AUTHORIZED REPRESENTATIVE FRANCIS JOHN,REGISTERED OFFICE AT 112 NILA TECHNOPARK,TRIVANDRUM, KERALA STATE, PIN 695 581.

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2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.

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BY ADV. SRI. V. VISAL AJAYAN

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SRI.ALEX M THOMBRA SRPP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.09.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 3237 of 2018 2

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ORDER

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Petition filed under Section 482 Cr.P.C.

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Petitioner is the accused in C.C.No.760 of 2009 on the file of

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the JFCM Court-II, Attingal. He is alleged to have committed the offences under Sections 406, 420 and 477A IPC. The first respondent is the victim. It is submitted that the matter has been settled and the proceedings in the trial court may be quashed.

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Heard the learned counsel for the petitioner and the first respondent and the learned Public Prosecutor.

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I have perused the affidavit filed by the first respondent, who has entered appearance through counsel. I am satisfied that the matter has been settled and no public interest is involved in this case. There is no impediment for granting the prayer of the petitioner.

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In the result, this Crl.M.C is allowed. The proceedings in C.C.No.760 of 2009 on the file of the JFCM Court-II, Attingal are quashed. If any material objects have been produced in this case the court concerned may pass appropriate orders for their disposal.

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Sd/-

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K.ABRAHAM MATHEW JUDGE

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Crl.MC.No. 3237 of 2018 3

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE-A1	CERTIFIED COPY OF THE FIR NO.228/2007 OF KAZHAKKOOTTAM POLICE STATION IN THIRUVANANTHAPURAM DISTRICT
ANNEXURE-A2	CERTIFIED COPY OF FINAL REPORT FILED AGAINST THE PETITIONER BEFORE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ATTINGAL
ANNEXURE-A3	TRUE COPY OF THE JUDGMENT DATED 29.5.2017
ANNEXURE-A4	TRUE COPY OF THE SETTLEMENT
ANNEXURE-A5	TRUE COPY OF THE APPLICATION FOR WITHDRAWAL OF COMPLAINT

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RESPONDENTS' EXHIBITS: NIL

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// TRUE COPY// PA TO JUDGE

Sudhir Mahajan v. M/S. Dimensions Cybertech India Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Sudhir Mahajan v. M/S. Dimensions Cybertech India Pvt. Ltd.

Case brief

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