Allowed

V.a.Illyas v. State of Kerala

Kerala HC7 May 2019Crl.MC/2917/2018

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a Criminal Miscellaneous petition filed by accused persons to quash criminal proceedings initiated under IPC sections for cheating and criminal breach of trust. The court accepted the affidavit of the de facto complainant confirming an amicable settlement and held no public interest was involved.

What did the court decide?

Crime No. 312/2018 registered at Ernakulam Central Police Station is quashed.

V.a.Illyas Vs State of Kerala — Property and Title | Kerala HC (2019)

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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 V.G.ARUN

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TUESDAY, THE 07TH DAY OF MAY 2019 / 17TH VAISAKHA, 1941

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Crl.MC.No. 2917 of 2018

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CRIME NO. 312/2018 OF Ernakulam Central Police Station , Ernakulam

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PETITIONERS/ACCUSED NOS.1 & 2:

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1 V.A.ILLYAS AGED 52 YEARS, S/O. V.M ALIKUNJU,VADAKKE VEETTIL HOUSE, EDAVANAKKAD P.O., EDAVANAKKAD VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT, ERNAKULAM-682 502,NOW RESIDING AT FLAT NO. B2, EAST AVENUE, APPARTMENT, SEBASTIAN ROAD, JUDGES AVENUE, KALOOR.

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2 K.A MUHAMMED SALIM AGED 54 YEARS, S/O ALIKUNJU,S R A 40 KAKKAT HOUSE,DESHAMBHIMANI ROAD, SRINAGAR ROAD, KALOOR-P.O., PIN-682 017.

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BY ADV. SRI.JITHIN VARGHESE

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RESPONDENTS/COMPLAINANT:

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1 STATE OF KERALA REP.BY PUBLIC PROSECUTOR,HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM,REP. BY SUB INSPECTOR OF POLICE,ERNAKULAM CENTRAL POLICE STATION,PIN-682031.

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2 DR. MOHAMMED ZABEER S/O P.A.M HANEEFA, AGED 34 YEARS, PALLATH HOUSE, 48/1275 B, BABY SMARAKA ROAD, ERNAKULAM P.O., ERNAKULAM DISTRICT-682 026.

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BY ADV. SRI.P.M.ZIRAJ

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SR.PP.SRI.SANTHOSH PETER

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 2917 of 2018

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O R D E R

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The petitioners are the accused in Crime No.312/2018 registered at the Central Police Station, Ernakulam District for offences punishable under Sections 406,420,468 & 471 r/w Section 34 of IPC. The 2^nd respondent herein is the de facto complainant. This Crl.M.C. is filed seeking to quash the proceedings in Crime No.312/2018 registered at the Central Police Station, Ernakulam District, on the ground that the issue leading to the registration of the crime has been amicably settled between the petitioners and the 2^nd respondent.

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Heard the learned counsel for the petitioners, the learned counsel the 2^nd respondent and the learned Public Prosecutor.

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Having perused the affidavit filed by the 2^nd respondent, the contents of which is submitted to be true and voluntary by the learned counsel for the 2^nd respondent, I am satisfied that the matter has been amicably settled and that no public interest is involved in this matter. Hence, there is

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Crl.MC.No. 2917 of 2018

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no impediment in granting the relief sought.

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In the result, this Crl.M.C. is allowed. Crime

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No.312/2018 registered at the Central Police Station, Ernakulam District is quashed.

Sd/-

V.G.ARUN

nak

JUDGE

Crl.MC.No. 2917 of 2018

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APPENDIX

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PETITIONERS' EXHIBITS:

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ANNEXURE-1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 312/2018 OF CENTRAL POLICE STATION, ERNAKULAM.

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ANNEXURE 2 TRUE COPY OF THE AFFIDAVIT DATED 25.4.2018 SWORN BY THE SECOND RESPONDENT/DEFACTO COMPLAINANT.

V.a.Illyas v. State of Kerala

Case brief

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V.a.Illyas v. State of Kerala

Case brief

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