Allowed

A.M.Gopalan v. State of Kerala

Kerala HC4 Feb 2020Crl.MC/202/2020

Case brief

AI extract

What is this about?

This criminal miscellaneous petition challenged the购物车 charges in C.C. No. 259/2019. The high court allowed the petition and quashed the proceedings, discharging the accused, based on the affidavit of the de facto complainant confirming amicable settlement and withdrawal from prosecution following mediation.

What did the court decide?

The Crl.M.C. is allowed. Proceedings in C.C. No. 259/2019 are quashed and the petitioners are discharged.

A.M.Gopalan Vs State of Kerala — Quashing and FIR | Kerala HC (2020)

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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 ASHOK MENON

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TUESDAY, THE 04TH DAY OF FEBRUARY 2020 / 15TH MAGHA, 1941

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Crl.MC.No.202 OF 2020(E)

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AGAINST THE ORDER/JUDGMENT IN CC 259/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,KOTTARAKKARA

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CRIME NO.981/2012 OF Kottarakkara Police Station , Kollam

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PETITIONERS/ACCUSED NOS.1, 2 & 4:

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1 A.M.GOPALAN AGED 68 YEARS, S/O. CHATHU, MANAGING DIRECTOR, SREE GOKULAM CHITS AND FINANCE COMPANY PVT. LTD., “LIJISHA”, KODAMPAKOM TRUSTPURAM, SECOND CROSS NO.11,CHENNAI-600 024.

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2 V.C.PRAVEEN, AGED 41 YEARS, S/O. PADMANABHAN, “NARMADA”, ADAYAR BICENT AVENUE ROAD NO.23, CHENNAI, FROM SREE GOKULAM VILLA, NADAKKUTHAZHAM VILLAGE, KOZHIKODE.

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3 VISALAN, S/O. GOVINDAN, MANAGER, GOKULAM CHITS, KOLLAM DIVISION, RESIDING AT CHAITHRAM, VETTUVELI MURI, HARIPPAD.

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BY ADV. SRI.M.SREEKUMAR

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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Crl.M.C.No.202 of 2020

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2 S.AJITHKUMAR, S/O. SUGATHAN, PUTHANVILA VEEDU, KATTADY P.O., POOYAPPALLY, KOTTARAKKARA-691 537.

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R1 BY SRI.RAMESH CHAND, PP. R2 BY ADV. SRI.S.SREEKUMAR (SR.) R2 BY ADV. SRI.P.MARTIN JOSE R2 BY ADV. SRI.M.A.MOHAMMED SIRAJ R2 BY ADV. SRI.P.PRIJITH R2 BY ADV. SRI.THOMAS P.KURUVILLA R2 BY ADV. SRI.S.HARIKRISHNAN

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.202 of 2020

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O R D E R

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Dated this the 4th day of February 2020

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The petitioners are accused in C.C.No.259/2019 on

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the file of the Judicial First Class Magistrate Court-I, Kottarakkara, for having allegedly committed the offences punishable under Sections 406, 417, 420, 423, 465, 468 and 471 read with Section 34 of I.P.C. The defacto complainant is the 2^nd respondent herein, who has appeared through a Counsel and has filed an affidavit at Annexure R1 stating that the matter has been amicably settled and that he has no existing grievance against the petitioners. The dispute

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between the petitioners' company and the 2^nd

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respondent herein pending before this Court as O.P. (C) No.3741/2013 was sent for mediation and as per Annexure C judgment it is seen that the matter was

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settled on mediation and that the terms of settlement

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at paragraph 11 indicates that the petitioner (2^nd

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respondent herein) has agreed to withdraw from the prosecution in C.C.No.259/2019 pending before the

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Crl.M.C.No.202 of 2020

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Judicial First Class Magistrate Court-I, Kottarakkara and that he has no objection in quashing the charge sheet in that particular case.

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In view of this settlement under mediation, the Crl.M.C. is allowed and the entire proceedings as against the petitioners in C.C.No.259/2019 on the file of the Judicial First Class Magistrate Court-I, Kottarakkara, stands quashed under Section 482 of Cr.P.C. and the petitioners are discharged.

Sd/-

ASHOK MENON

JUDGE

dkr

Crl.M.C.No.202 of 2020

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APPENDIX

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PETITIONER'S/S ANNEXURES:

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ANNEXURE-A	CERTIFIED COPY NO.981/2012 OF K	OF THE FIR IN CRIME OTTARAKKARA POLICE STATION
ANNEXURE-B	CERTIFIED COPY NO.259/2019 ON CLASS MAGISTRATE	OF FINAL REPORT IN CC THE FILE OF JUDICIAL FIRST COURT-I, KOTTARAKKARA
ANNEXURE-C	COPY OF COMMON IN OP(C)NO.3741 DATED 2.12.201 SETTLEMENT DATED	JUDGMENT OF THE HIGH COURT /2013 AND FAO NO.3901/2013 9 ALONG WITH TERMS OF 26.11.2019
RESPONDENT'S/S A	NNEXURES:
ANNEXURE-R1	COPY OF THE RESPONDENT/ DEFA	AFFIDAVIT OF THE 2ND CTO COMPLAINANT.

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Crl.M.C.No.202 of 2020

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A.M.Gopalan v. State of Kerala

Case brief

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A.M.Gopalan v. State of Kerala

Case brief

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