Allowed

Vijayan v. State of Kerala

Kerala HC22 Feb 2018Crl.MC/877/2018

Case brief

AI extract

What is this about?

This criminal miscellaneous petition involved accused Nos. 1 and 2 facing charges under Section 420 and 120-B of the IPC. The court held that since the matter was amicably settled and respondents filed affidavits confirming no complaints, all further proceedings in the criminal case were quashed.

What did the court decide?

All further proceedings against the petitioners in C.C.No.257/2014 are quashed.

Vijayan Vs State of Kerala — Cheating and Forgery | 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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THURSDAY, THE 22ND DAY OF FEBRUARY 2018 / 3RD PHALGUNA, 1939

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Crl.MC.No. 877 of 2018

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CC 257/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KALADY CRIME NO. 305/2005 OF CBCID, ERNAKULAM, ERNAKULAM.

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PETITIONER/ACCUSED NOS 1 AND 2

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1 VIJAYAN, AGED 63 YEARS, S/O.SREEDHARAN, KATTUNGAL HOUSE, MALAYATTOOR KARA, MALAYATTOOR VILLAGE, ALUVA TALUK.

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2 GOPIKA, AGED 58 YEARS, W/O.VIJAYAN, KATTUNGAL HOUSE, MALAYATTOOR KARA, MALAYATTOOR VILLAGE, ALUVA TALUK.

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BY ADV. SRI.JAISON JOSEPH.

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RESPONDENTS/STATE AND CW1 TO 3, CW6 AND 7

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

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2. DETECTIVE INSPECTOR OF POLICE, CBCID, EOW II, ERNAKULAM IN CRIME NO.381/2003 OF KALADY POLICE STATION.

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3. SAJI, AGED 44 YEARS, S/O.PONNAPPAN, KARIKKOLATH HOUSE, SHANMUGHAPURAM BHAGAM, MALAYATTOOR KARA, MALAYATTOOR VILLAGE.

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4. DEVARAJAN, AGED 73 YEARS, S/O NARAYANAN, MUNDAKKAL HOUSE, NEAR POST OFFICE, MALAYATTOOR, MALAYATTOOR KARA, NEELESWARAM VILLAGE 683 587.

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5. GANGADHARAN, AGED 67 YEARS, S/O DAMODARAN, KALATHIL HOUSE, MADAYIL BHAGATH, MATTOOR KARA, MATTOOR VILLAGE 683 574.

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6. SANGEETH, AGED 47 YEARS, S/O DEVARAJAN, MUNDAKKAL HOUE, NEAR POST OFFICE, MALAYATTOOR, MALAYATTOOR KARA, NEELESWARAM VILLAGE 683 587.

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CONT...........2

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:2:

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Crl.MC.No. 877 of 2018

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7. GIREESH, AGED 36 YEARS, S/O GANGADHARAN, KALATHIL HOUSE, MADAYIL BHAGATH, MATTOOR KARA, MATTOOR VILLAGE 683 574.

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R1 & R2 BY PUBLIC PROSECUTOR SRI. ALEX M. THOMBRA. R3 - R7 BY ADV. SRI.P.S.APPU.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22-02-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Hr.......

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Crl.MC.No. 877 of 2018

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A1	TRUE PHOTOCOPY OF THE F.I.R ALONG WITH THE F.I STATEMENT IN CRIME NO.381/2003 OF KALADY POLICE STATION
ANNEXURE A2	CERTIFIED COPY OF THE FINAL REPORT/CHARGE SHEET IN C.C NO.257/2014 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KALADY.
ANNEXURE A3	AFFIDAVIT FILED BY RESPONDENT NO.3
ANNEXURE A4	AFFIDAVIT FILED BY RESPONDENT NO.4
ANNEXURE A5	AFFIDAVIT FILED BY RESPONDENT NO.5
ANNEXURE A6	AFFIDAVIT FILED BY RESPONDENT NO.6
ANNEXURE A7	AFFIDAVIT FILED BY RESPONDENT NO.7

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RESPONDENT(S)' EXHIBITS

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NIL // TRUE COPY// P.S TO JUDGE.

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Hr....

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B. KEMAL PASHA, J.

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Crl.M.C.No.877 of 2018

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Dated this the 22^nd day of February, 2018

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Petitioners are accused Nos.1 and 2 in C.C.No.257/2014 of the Judicial First Class Magistrate's Court, Kalady, which has arisen from Crime No.381/2003 of the Kalady Police Station, for the offences punishable under Sections 420 and 120-B read with Section 34 of the Indian Penal Code.

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It seems that the matter has been

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amicably settled between the parties.

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On going through the facts and

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circumstances of the case, it seems that the matter can be permitted to be settled. No criminal antecedents have been

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reported against the petitioners. Respondents 3 to 7 have filed separate affidavits as Annexures A3 to A7, affirming that the matter has been amicably settled between them and the petitioners, and they have no complaints against

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Crl.M.C.No.877 of 2018 2

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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 against the petitioners herein, in C.C.No.257/2014 of the Judicial First Class Magistrate's Court, Kalady, which has arisen from Crime No.381/2003 of the Kalady Police Station, are liable to be quashed.

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In the result, this Crl.M.C. is allowed and all further proceedings against the petitioners herein, in C.C.No.257/2014 of the Judicial First Class Magistrate's Court, Kalady, which has arisen from Crime No.381/2003 of the Kalady Police Station, are hereby quashed.

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Sd/-

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B.KEMAL PASHA, JUDGE

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Vijayan v. State of Kerala

Case brief

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What did the court decide?

Vijayan v. State of Kerala

Case brief

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