Allowed

Vijayan v. State of Kerala

Kerala HC22 Feb 2018Crl.MC/878/2018

Case brief

AI extract

What is this about?

The court quashed criminal proceedings against the petitioners in a cheating and criminal conspiracy case after determining that the parties had amicably settled the matter and no criminal antecedents existed against the petitioners.

What did the court decide?

All further proceedings against the petitioners in C.C.No.155/2017 of the Judicial First Class Magistrate's Court, Kalady are hereby quashed.

Vijayan Vs State of Kerala — Quashing and FIR | 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. 878 of 2018

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CC 155/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KALADY. CRIME NO.381/2003 OF KALADY POLICE STATION (CBCID EOW II), ERNAKULAM.

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PETITIONER(S)/ACCUSED 1 AND 2:

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

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

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BY ADV.SRI.JAISON JOSEPH

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RESPONDENT(S)/STATE AND CW1 TO CW3:

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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. SHAJI, AGED 39 YEARS, S/O. SIVAN, THARANILATH HOUSE, MALAYATOOR KARA, MALAYATOOR VILLAGE - 683 587.

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4. SAJEEVAN, AGED 49 YEARS, S/O. VASU, PALLIVALAPPIL HOUSE, PALLAM DESOM, KALLOOR VILLAGE, MUKUNDAPURAM TALUK - 680 732.

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5. JABEER, AGED 47 YEARS, S/O. RAVI, KOLOPPALLY HOUSE, THURAVOOR KARA, VADAKKUMBAGAM VILLAGE - 683 574. R1 & R2 BY PUBLIC PROSECUTOR SRI.C.S. HRITHWIK R3 TO 5 BY ADV. SRI.P.S.APPU 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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mbr/

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Crl.MC.No. 878 of 2018

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APPENDIX

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PETITIONERS' ANNEXURES:

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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.155/2017 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.

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RESPONDENTS' ANNEXURES: NIL

/TRUE COPY/

P.S.TO JUDGE

mbr/

B. KEMAL PASHA, J.

Crl.M.C.No.878 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.155/2017 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 5 have filed separate affidavits as Annexures A3 to A5, 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.878 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.155/2017 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.155/2017 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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Vijayan v. State of Kerala

Case brief

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