Allowed

Ashique P.P v. Hameed T.Abdulla

Kerala HC14 Dec 2018Crl.MC/4130/2015

Case brief

AI extract

What is this about?

The Court allowed the petition under Section 482 Cr.P.C. and quashed trial court proceedings involving Sections 406 and 420 IPC, satisfied that the matter was settled without public interest involvement. A Criminal Miscellaneous Case before the High Court of Kerala.

What did the court decide?

The proceedings in C.C. No. 4157 of 2012 on the file of the Judicial Magistrate of First Class, Irinjalakkuda are quashed.

Ashique P.P Vs Hameed T.Abdulla — 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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FRIDAY ,THE 14TH DAY OF DECEMBER 2018 / 23RD AGRAHAYANA, 1940

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Crl.MC.No. 4130 of 2015

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AGAINST CC 4157/2012 of J.M.F.C.,IRINJALAKUDA

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CRIME NO. 3/2009 OF Kattoor Police Station , Thrissur

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PETITIONER/ACCUSED:

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ASHIQUE P.P AGED 45 YEARS, S/O.P.P.KOYA, MANAGING DIRECTOR, KOYENCO AUTOS (P)LTD. N.H.47 BYPASS ROAD, MARADU, COCHIN, RESIDING AT,PONNAMPARAMBATH HOUSE, CHEVAYOOR, KOZHIKODE. BY ADVS. SRI.P.VIJAYA BHANU (SR.) SRI.M.REVIKRISHNAN SRI.VIPIN NARAYAN

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RESPONDENTS/DEFACTO COMPLAINANT AND STATE: 1 HAMEED T.ABDULLA S/O.ABDULLA, THALIYAPADATH HOUSE, PONJANAM P.O.,KATTOOR VILLAGE, THRISSUR DISTRICT.

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2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI.NISHIL.P.S. SRI.SOJAN MICHEAL SRI. C.M.KAMMAPPU, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 14.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C. 4130/15

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ORDER

Petition filed under Section 482 Cr.P.C.

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Petitioner is the accused in C.C. No.4157 of 2012 on the

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file of the Judicial Magistrate of First Class, Irinjalakkuda registered for the offences under Sections 406 and 420 IPC. The first respondent is the complainant. 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

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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.4157 of 2012 on the file of the Judicial Magistrate of First Class, Irinjalakkuda are quashed.

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Sd/-

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K.ABRAHAM MATHEW JUDGE

vps 19/12

Crl.M.C. 4130/15

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APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE A COPY OF THE CMP NO.69/2009 FILED BY THE 1ST RESPONDENT BEFORE THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE, IRINJALAKUDA.

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ANNEXURE B TRUE COPY OF THE FINAL REPORT IN CRIME NO.3/2009 OF KATTOOR POLICE STATION, THRISSUR DISTRICT FILED BEFORE THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE, IRINJALAKUDA.

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ANNEXURE C TRUE COPY OF THE PLAINT FILED BY THE 1ST RESPONDENT IN O.S.NO.681/2010 BEFORE THE COURT OF THE SUBORDINATE JUDGE, ERNAKULAM.

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ANNEXURE D TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN O.S. NO.681/2010 BEFORE THE COURT OF THE SUBORDINATE JUDGE, ERNAKULAM.

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ANNEXURE E TRUE COPY OF THE JUDGMENT IN O.S. NO.681/2010 BEFORE THE COURT OF THE SUBORDINATE JUDGE, ERNAKULAM DATED 22.06.2013.

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ANNEXURE F TRUE COPY OF THE CONSUMER COMPLAINT NO.273/2009 FILED BEFORE THE CONSUMER REDRESSAL FORUM, ERNAKULAM DATED 21.05.2009

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-:4:-

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Crl.M.C. 4130/15

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ANNEXURE G TRUE COPY OF THE ORDER IN CRL.MC NO.1489/2009 OF THIS HON'BLE COURT DATED 05.05.2009. ANNEXURE H AFFIDAVIT SWORN IN BY 1ST RESPONDENT/DEFACTO COMPLAINANT

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RESPONDENT'S/S' EXHIBITS:

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NIL

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/True Copy/

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vps PS to Judge

Ashique P.P v. Hameed T.Abdulla

Case brief

What is this about?

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Ashique P.P v. Hameed T.Abdulla

Case brief

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