Kerala High Court quashed criminal proceedings under Section 482 CrPC after the defacto complainant affirmed amicable settlement, absence of criminal antecedents, and no public interest.
The entire proceedings in Crime No.542 of 2018 stands quashed under Section 482 CrPC.
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.
Crl.M.C.322/2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 06TH DAY OF FEBRUARY 2020 / 17TH MAGHA, 1947
Crl.MC.No.322 OF 2020(A)
CRIME NO.542/2018 OF Perinthalmanna Police Station, Malappuram
PETITIONER/S:
1 SABU JOHNY, AGED 48 YEARS, S/O.E.M.JOHNY, 3D ORCHID COURT, PANCHAVADI AMBELIPPADAM, VYTILLA S.O., VYTILLA, ERNAKULAM - 682 019. MANAGING DIRECTOR, EVM AUTOMOTIVE INDIA PVT. LTD., TIRURKKAD.
2 ABDUL JUNAID T, AGED 31 YEARS, S/O.ABDUL KHADER T., THAVALENGAL (H), ARIPRA P.O., MALAPPURAM - 679 321.
BY ADV. SMT.R.MANEESHA
RESPONDENT/S:
2 MOHAMMED ALI, S/O.MARAKKAR, RESIDING AT KONDETH HOUSE, ORODAMPALAM, TIRUKKAD P.O., PERINTHALMANNA, MALAPPURAM - 676 130.
SRI.RAMESH CHAND (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.322/2020
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O R D E R
Dated this the 6th day of February 2020
Petitioners are accused in Crime No.542/2018 of
Perinthalmanna Police Station, Malappuram registered for offences punishable under Sections 420, 465, 471 read with 34 IPC. The 2nd respondent is the defacto complainant. He has appeared through the counsel and filed affidavit to the effect that the matter has been amicably settled and that he has no grievance against the petitioners. Report has been called for from the Investigating Officer through the Senior Public Prosecutor. Petitioners do not have any criminal antecedents and there is no public interest involved in the case.
In the result, this Crl.M.C. is allowed. The entire proceedings in Crime No.542 of 2018 of Perinthalmanna Police Station stands quashed under Section 482 of the Code of Criminal Procedure.
ASHOK MENON
JUDGE
DG
Crl.M.C.322/2020
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE-A1 TRUE PHOTOCOPY OF THE FIR NO.542/2018 AND F.I.S. OF PERINTHALMANNA POLICE STATION ANNEXURE A2 TRUE PHOTOCOPY OF THE JOINT STATEMENT EXECUTED BETWEEN PETITIONERS AND THE RESPONDENT NO.2 ANNEXURE-A3 TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT.
1 issue framed by the court
Whether proceedings in a cheque-related criminal case can be quashed upon settlement and lack of public interest.
1 provisions across 1 enactments
SABU JOHNY
ABDUL JUNAID T
STATE OF KERALA
MOHAMMED ALI
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
