High Court quashed criminal proceedings in a cheating case where the defacto complainant filed a settlement affidavit. The accused had no antecedents, no public interest was involved, and the Investigating Officer confirmed settlement under Section 482 Cr.P.C.
Crl.M.C. allowed; Proceedings in C.C.No.269/2018 quashed; Accused discharged.
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 ASHOK MENON
WEDNESDAY, THE 12TH DAY OF FEBRUARY 2020 / 23RD MAGHA, 1941
Crl.MC.No.95 OF 2020(B)
AGAINST THE ORDER/JUDGMENT IN C.C.NO.269/2018 PENDING ON THE FILE OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, MUVATTUPUZHA
CRIME NO.2250/2016 OF MUVATTUPUZHA POLICE STATION, ERNAKULAM
PETITIONERS/ACCUSED:
1 NISHAD, AGED 42 YEARS, S/O. SIVAN M.K., MULLANKUZHIYIL PUTHENPURA, ANIKKAD, AVOLI P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT.
2 SIVAN M.K., AGED 78 YEARS, S/O. KRISHNAN, MULLANKUZHIYIL PUTHENPURA, ANIKKAD, AVOLI P.O. MUVATTUPUZHA, ERNAKULAM DISTRICT.
BY ADVS. SRI.S.RAJEEV SRI.K.K.DHEERENDRA KRISHNAN SRI.V.VINAY SRI.D.FEROZE SRI.K.ANAND (A-1921)
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031 (CRIME NO. 2250/2016 OF MUVATTUPUZHA POLICE STATION, ERNAKULAM DISTRICT).
Crl.MC.No.95 OF 2020(B)
2
2 DINU S KUMAR, AGED 32 YEARS, S/O. SUKUMARAN, EATHUNKAL, ANIKKAD, AVOLI P.O. MUVATTUPUZHA, ERNAKULAM DISTRICT. - 686 667
R2 BY ADV. SRI.C.VINOD KUMAR
OTHER PRESENT:
SRI. C.S HRITHWIK – SR. PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.95 OF 2020(B)
3
ORDER
Dated this the 12th day of February, 2020
The petitioners are accused in C.C.No.269/2018 on the
files of the Judicial First Class Magistrate Court, Muvattupuzha, for
having allegedly committed offences punishable under Sections 420,
463, 465, 468, 471 read with Section 34 of the IPC. The defacto
complainant-aggrieved is the 2nd respondent who has appeared
through counsel and filed affidavit to the effect that the matter has
been amicably settled and that he has no grievance against the
petitioners. A report to that effect has also been obtained from the
Investigating Officer. The petitioners do not have any criminal
antecedents. There is no public interest involved.
In the result, the Crl.M.C is allowed and the entire
proceedings as against the petitioners in C.C.No.269/2018 on the
files of the Judicial First Class Magistrate Court, Muvattupuzha,
stands quashed under Section 482 Cr.P.C and the accused are
discharged.
Sd/-
ASHOK MENON
JUDGE
NR/12/02/20
Crl.MC.No.95 OF 2020(B)
APPENDIX
PETITIONERS' EXHIBITS:
ANNEXURE 1 CERTIFIED COPY OF THE FINAL REPORT IN CC NO. 269/2018 ON THE FILE OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, MUVATTUPUZHA.
ANNEXURE II NOTARISED AFFIDAVIT DATED 06.01.2020 SWORN BY THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY// PA TO JUDGE
3 issues framed by the court
Whether the criminal proceedings under C.C.No.269/2018 should be quashed based on settlement between the parties.
Whether the accused should be discharged from the criminal charges.
Whether any public interest is involved in the present case.
1 provisions across 1 enactments
NISHAD
SIVAN M.K.
STATE OF KERALA
DINU S KUMAR
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court