Allowed

Sneha v. State of Kerala

Kerala HC3 Oct 2019Crl.MC/5820/2019

Case brief

AI extract

What is this about?

This judgment allowed an application to quash criminal proceedings under Section 482 Cr.P.C. The court held that since the offence alleged was theft of gold ornaments, settled between the accused and the victim, and the accused had no criminal antecedents, the proceedings were quashed to allow for repentance.

What did the court decide?

The entire proceedings against the petitioner in case C.C No.54/2019 are hereby quashed.

Sneha Vs State of Kerala — Cheating and Forgery | 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 R. NARAYANA PISHARADI

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THURSDAY, THE 03RD DAY OF OCTOBER 2019 / 11TH ASWINA, 1941

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Crl.MC.No.5820 OF 2019(F)

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AGAINST THE ORDER/JUDGMENT IN CC 54/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, ERNAKULAM

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CRIME NO.2272/2018 OF Ernakulam Central Police Station , Ernakulam

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PETITIONER/ACCUSED:

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SNEHA

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AGED 28 YEARS

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D/O VIJAYAN, VALLIPARAMBIL HOUSE, ALAGAPPA NAGAR, AMBALLUR VILLAGE, MANALI.P.O, THRISSUR-680302, NOW RESIDING AT VALLIPARAMBIL

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HOUSE,P.O.KARANCHIRA,THRISSUR DISTRICT,PIN-680702.

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BY ADVS.

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SRI.C.A.CHACKO C.M.CHARISMA

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RESPONDENT/COMPLAINANT & DE-FACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTING SUB INSPECTOR OF POLICE,CENTRAL POLICE STATION,ERNAKULAM,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2 JUBIN JOSEPH S/O.GEORGE JOSEPH,KOMARANCHATH HOUSE,VADUTHALA KARA,CHERANELLUR VILLAGE,ERNAKULAM-682023.

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R2 BY ADV. M.R.JAYALATHA

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SMT V SREEJA-PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.5820 OF 2019(F)

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ORDER

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This is an application filed under Section 482 Cr.P.C for quashing the proceedings against the petitioner in the case C.C No.54/2019 on the file of the Court of the Judicial First Class Magistrate -II, Ernakulam.

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The petitioner is the sole accused in the aforesaid case. The allegation against her is that she committed the offence punishable under Section 380 IPC. It is alleged that she committed theft of gold ornaments from the jewellery owned by the 2^nd respondent. It is submitted that the matter has been settled between the 2^nd respondent and the petitioner. Therefore, it is prayed that the proceedings against the petitioner in the case may be quashed.

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

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I have perused the affidavit filed by the 2^nd respondent, who has entered appearance through counsel. It is stated in the affidavit filed by him that the matter has been settled between him and the petitioner and that he has got no grievance against the petitioner. I am satisfied that the

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Crl.MC.No.5820 OF 2019(F)

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settlement arrived at between the parties is genuine. It is true that an offence punishable under Section 380 IPC is alleged against the petitioner. However, the learned Public Prosecutor, on instructions, submits that the petitioner has got no criminal

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antecedents. The petitioner is aged 29 years. It is only proper to give her a chance for repentance and reformation. In such circumstances, in view of the settlement arrived at between the parties, I am of the view that this a fit case in which the power of this Court under Section 482 Cr.P.C can be exercised to quash the proceedings against the petitioner.

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In the result, the petition is allowed. The entire proceedings against the petitioner in the case C.C No.54/2019 on the file of the Court of the Judicial First Class Magistrate-II, Ernakulam are hereby quashed.

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Sd/-

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R. NARAYANA PISHARADI

JUDGE

rpk

Crl.MC.No.5820 OF 2019(F)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 CERTIFIED COPY OF FIR IN CRIME NO.2272/2018 OF CENTRAL POLICE STATION,ERNAKULAM

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ANNEXURE A2 CERTIFIED COPY OF FINAL REPORT IN CRIME NO.2272/2018 OF CENTRAL POLICE STATION,ERNAKULAM ANNEXURE A3 AFFIDAVIT DATED 5/8/2019 OF 2ND RESPONDENT.

Sneha v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sneha v. State of Kerala

Case brief

What is this about?

What did the court decide?

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