The High Court of Kerala, on final hearing of a § 482 CrPC petition seeking quashing of a final report regarding theft and cheating, dismissed the petition as it was no longer pressed by the petitioner, despite an agreement between parties.
The criminal miscellaneous petition is dismissed as not pressed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY, THE 06TH DAY OF OCTOBER 2020 / 14TH ASWINA, 1942
Crl.MC.No.2732 OF 2018
AGAINST THE ORDER/JUDGMENT IN CC 134/2015 OF CHIEF JUDL.MAGISTRATE, ERNAKULAM
CRIME NO.2422/2014 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM
PETITIONERS/ACCUSED NO.1 & 2:
1 R.VIJAYAKUMAR KAMAMTH, 62 YEARS S/O.RAMACHANDRAN KAMMATH, VELLAPPILLIL HOUSE, VADORATH ROAD, VENNALA, ENRAKULAM,KOCHI-28.
2 MRS. G.SUNDARI W/O.R.VIJAYAKUMAR KAMMATH, AGED 60, S-11, MANCHESTER PERKS, 1, PERK SCHOOL ROAD, UPPILLIPALAYAM, COIMBATORE-641 015.
BY ADVS.
SRI.K.V.SABU SRI.AKHIL K SABU
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSEUCOTR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2 A.P.VARGHESE AGED 60 YEARS, S/O.LATE PAULOSE, PAINADATH AYYAMPILLIL, PEECHANIKKAD, PULIYANAM P.O., ANGAMALY, ERNAKULAM-683 572.
R1 BY ADV. SMT.AJITHA APPU R1 BY ADV. SRI.SUNIL V.MOHAMMED R2 BY ADV. SRI.P.B.PRADEEP
PUBLIC PROSECUTOR.SRI.RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.2732 OF 2018 2
ORDER
The accused Nos.1 and 2 in C.C.No.134/15 before
the Hon'ble CJM Court, Ernakulam registered on the allegation of offences punishable under Sections 406,420 and 34 of IPC came up under Section 482 Cr.P.C. to quash the Final Report. During the fag end of the argument the learned counsel for the petitioner submitted that he is not pressing the matter presumably on the ground that there is no valid reason for exercising jurisdiction under Section 482 Cr.P.C. Hence permission granted. This order will not in anyway take away the chances of exploring an amicable settlement between the parties by the intervention of qualified mediator.
Crl.M.C. is dismissed as not pressed.
Sd/-
P.SOMARAJAN
JUDGE
msp
Crl.MC.No.2732 OF 2018 3
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE-A1. A COPY OF THE AGREEMENT DATED 24/7/2009. ANNEXURE-A2. A COPY OF THE COMPLAINT DATED 11/3/2013 FILED BY THE 2ND RESPNODENT AGAINST THE PETITIOENRS
ANNEXURE-A3. COPY OF THE FIR AND FIS DATED 25/10/2014 BEARING NO.2422/2014 REGISTERED BY THE SHO, CENTRAL POLICE STATION, ERNAKULAM,
ANNEXURE-A4. CERTIFIED COPY OF THE CHARGE DATED 30/5/2015 IN CRIME NO.2422/2014 REGISTERED BY THE SHO, CENTRAL POLICE STATION, ERNAKULAM.
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether the criminal miscellaneous petition filed under Section 482 Cr.P.C. to quash the Final Report was pressed by the petitioner.
2 provisions across 2 enactments
R. VIJAYAKUMAR KAMAMTH
MRS. G. SUNDARI
STATE OF KERALA
A.P. VARGHESE
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
