Allowed

Shafiul Muneesh v. State of Kerala

Kerala HC14 Feb 2018Crl.MC/665/2018

Case brief

AI extract

What is this about?

The High Court of Kerala, on an application under Cr.P.C., quashed criminal proceedings under Sections 406 and 420 IPC read with Section 34 IPC for cheating and criminal breach of trust. The court held that since the matter was amicably settled between the parties and affirmed by the private complainant, no further proceedings would serve a purpose.

What did the court decide?

Final order and all further proceedings in C.C.No.56 of 2014 against the petitioners are quashed.

Shafiul Muneesh Vs State of Kerala — Cheque Dishonour | 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 B.KEMAL PASHA

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WEDNESDAY, THE 14TH DAY OF FEBRUARY 2018 / 25TH MAGHA, 1939

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Crl.MC.No. 665 of 2018

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CC.NO.56/2014 OF CHIEF JUDICIAL MAGISTRATE COURT, ERNAKUALM. CRIME NO.2815/2012 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM.

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PETITIONER(S)/ACCUSED:

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1 SHAFIUL MUNEESH, AGED 38 YEARS, S/O. ABOOBACKER ELLORAYIL, MATHILAKATH HOUSE, NHAMENGHAT P.O., VATTAMPADAM, NEAR ICA ENGLISH SCHOOL, THRISSUR-679563.

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2 JINISHA SHAFIUL MUNEESH, AGED 31 YEARS, W/O. SHAFIUL MUNEESH, MATHILAKATH HOUSE, NHAMENGHAT P.O., VATTAMPADAM, NEAR ICA ENGLISH SCHOOL, THRISSUR-679563.

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BY ADV.SRI.RAJIT

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RESPONDENT(S):

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1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2. T.V. SUJITH KUMAR, AGED 41 YEARS, S/O. VEERASENAN, THUNDUPARAMBIL HOUSE, CMC-17, WEST OF X'RAY JUNCTION, CHERTHALA SOUTH VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT.

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R1 BY PUBLIC PROSECUTOR SRI.ALEX M. THOMBRA R2 BY ADV. SRI.V.V.JOY

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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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mbr/

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Crl.MC.No. 665 of 2018 ()

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APPENDIX

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PETITIONERS' ANNEXURES:

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ANNEXURE A TRUE COPY OF THE FIR REGISTERED BY THE CENTRAL POLICE STATION, ERNAKULAM IN CRIME NO. 2815/2012. ANNEXURE B TRUE COPY OF THE CHARGE SHEET FILED BY THE POLICE IN CC NO. 56/2014 OF THE CHIEF JUDICIAL MAGISTRATE, ERNAKULAM ARISING FROM CRIME NO.2815/2012 OF THE ERNAKULAM CENTRAL POLICE STATION. ANNEXURE C TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT.

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RESPONDENTS' ANNEXURES: NIL -----------------------

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/TRUE COPY/ P.S.TO JUDGE

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mbr/

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B.KEMAL PASHA, J.

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Crl.M.C.No.665 of 2018

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Dated this the 14^th day of February, 2018

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ORDER

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Petitioners are the accused in C.C.No.56 of 2014 of the Chief Judicial Magistrate's Court, Ernakulam, which has arisen from Crime No.2815/2012 of the Ernakulam Central Police Station, for the offences punishable under Sections 406 and 420 read with Section 34 of the Indian Penal Code.

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It seems that the matter has been amicably settled between the parties.

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On going through the facts and circumstances of the case, it seems that the matter can be permitted to be settled.

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No criminal antecedents have been reported against the petitioners. Respondent No.2 has filed affidavit as Annexure-C, affirming that the matter has been amicably settled between him and the petitioners and he has no complaints against the petitioners. Considering the fact that the matter has already been settled amicably between the parties, this Court is satisfied that no purpose would be served in proceeding with the trial of the case. Matters being so, all further proceedings

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Crl.M.C.No.665 of 2018

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in C.C.No.56 of 2014 of the Chief Judicial Magistrate's Court, Ernakulam, which has arisen from Crime No.2815/2012 of the Ernakulam Central Police Station, against the petitioners, are liable to be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.56 of 2014 of the Chief Judicial Magistrate's Court, Ernakulam, which has arisen from Crime No.2815/2012 of the Ernakulam Central Police Station, against the petitioners, are hereby quashed.

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Sd/-

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B.KEMAL PASHA, JUDGE

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skj

Shafiul Muneesh v. State of Kerala

Case brief

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Shafiul Muneesh v. State of Kerala

Case brief

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