Quashed

Abdul Gafoor v. State of Kerala

Kerala HC10 Dec 2021Crl.MC/1613/2020

Case brief

AI extract

What is this about?

Court quashed criminal proceedings arising from a private dispute involving alleged cheating and criminal breach of trust during an employment recruitment at a school, noting that the matter had been amicably settled between the parties with no further grievance.

What did the court decide?

Criminal Misc. Case Crl.M.C. No. 1613 of 2020 was allowed; proceedings in C.C. No. 85 of 2020 arising from Crime No. 480/2019 were quashed.

Abdul Gafoor Vs State of Kerala — Contract and Commercial Disputes | Kerala HC (2021)

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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 ZIYAD RAHMAN A.A.

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FRIDAY, THE 10^TH DAY OF DECEMBER 2021 / 19TH AGRAHAYANA, 1943

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CRL.MC NO. 1613 OF 2020

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[AGAINST CC NO.85/2020 ON THE FILE OF THE JUDICIAL FIRST CLASS

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MAGISTRATE COURT-II, KOTTARAKKARA]

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PETITIONERS/ACCUSED NOS. 1 TO 3:

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1 ABDUL GAFOOR,AGED 63 YEARS S/O. PAREETH KUNJU LEBBA, PUTHEN VEEDU, KANNANALLOOR P.O., KOLLAM - 691 576

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2 DR. ABDUL MAJEED LEBBA,AGED 69 YEARS S/O. ALI KUNJU LEBBA, PUTHEN VEEDU, KANNANALLOOR P.O., KOLLAM - 691 576

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3 DR. THAHA A MAJEED,AGED 42 YEARS S/O. ABDUL MAJEED LEBBA, PUTHEN VEEDU, KANNANALLOOR P.O., KOLLAM - 691 576

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BY ADVS. P.VIJAYA BHANU (SR.) 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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2 BIZAR B.,AGED 28 YEARS S/O. BASHEERJAN, RESIDING AT BIZAR MANZIL, KANNANALLOOR P.O., KOLLAM - 691 576

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R2 BY ADV SRI.JOMY K. JOSE

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OTHER PRESENT:

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R1 BY SRI.ARAVIND V. MATHEW, PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR HEARING ON 10.12.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.1613/2020 2

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O R D E R

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The petitioners are the accused Nos.1 to 3 in

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C.C.No.85 of 2020 on the file of the Judicial First Class Magistrate Court-II, Kottarakkara. The aforesaid case was registered on the basis of a complaint submitted by the 2^nd respondent herein alleging offences against the petitioner punishable under Sections 406, 420, 506 r/w. Section 34 of the Indian Penal Code (IPC).

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Annexure-A is the F.I.R. and after

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completing the investigation, the Police submitted Annexure-A1 final report.

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The prosecution case is as follows: Accused are joint Managers of Maideen Kunju

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Lebba Memorial Higher Secondary School, Kannanalloor. They offered the post of Full Time Menial (FTM) to the de facto complainant for which they collected an amount of Rs.18 lakhs from the de facto complainant. Even though the de facto complainant joined the school with effect from

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Crl.M.C.No.1613/2020 3

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1.6.2018, he was not given salary and was compelled to perform the other duties till 1.6.2019. Thereafter, the vacancy which was offered to the de facto complainant, was surrendered by the petitioners to the Government for effecting the appointments to the protected teachers. It was

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alleged that the amount collected from the de facto complainant was not repaid and in that circumstances, the aforesaid complaint was lodged.

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Heard Sri. M.Sreekumar, the learned counsel

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for the petitioners, Learned counsel Jomy K. Jose for the 2^nd respondent and Sri. Aravind V. Mathew, the learned Public Prosecutor for the State.

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Even though several contentions have been raised in the Crl.M.C., now it is reported by both the parties that, the matter has been amicably settled between them. Acknowledging the above

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settlement, the 2^nd respondent has filed an affidavit today, wherein it is specifically

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mentioned that, he does not have any further grievance against the petitioners. It is also

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Crl.M.C.No.1613/2020 4

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stated that in view of the settlement arrived at

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between the parties, he has no objection in

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quashing the entire proceedings against the petitioners herein. The allegations contained in Annexure-A1 final report are pertaining to transactions between the parties herein which are basically private in nature. In such circumstances, in the light of the settlement arrived at between the parties, the powers of this Court under Section 482 of the Code of Criminal Procedure (Cr.PC) can be invoked for quashing the proceedings. It is also a relevant aspect in this regard that, in the light of the settlement in between the parties, chances of a successful prosecution are very bleak and therefore the continuation of proceedings in the matter would amount to unnecessary wastage of judicial time and resources.

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In such circumstances, this Crl.M.C. is allowed and all proceedings in C.C.No.85/2020 on the file of the Judicial First Class Magistrate Court-II, Kottarakkara which arises from Annexure-A1 final

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Crl.M.C.No.1613/2020 5

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report in Crime No.480/2019 of Kannanalloor Police Station are hereby quashed.

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Sd/-

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ZIYAD RAHMAN A.A., JUDGE

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pkk

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Crl.M.C.No.1613/2020 6

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APPENDIX OF CRL.MC 1613/2020

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PETITIONER’S ANNEXURES:

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ANNEXURE-A CERTIFIED COPY OF FIR IN CRIME NO.480/2019 OF KANNANALLOOR POLICE STATION DATED 17.8.2019 ANNEXURE-A1 CERTIFIED COPY OF FINAL REPORT IN CRIME NO.480/2019 OF KANNANALLOOR POLICE STATION DATED 1.1.2020 ANNEXURE-B TRUE COPY OF APPOINTMENT ORDER NO.69/2018 DATED 2.5.2018 ANNEXURE-C TRUE COPY OF ORDER NO.B4/2769/18/K.DIS. DATED 19.11.18 OF THE DISTRICT EDUCATION OFFICER ANNEXURE-D TRUE COPY OF ORDER NO.B3/481/2019/K.DIS DATED 19.3.2019 ANNEXURE-E TRUE COPY OF CIRCULAR NO.J2/57/2019/GEN.EDN. DATED 8.3.2019 ANNEXURE-F TRUE COPY OF CONSENT DATED 30.5.2019 ANNEXURE-G TRUE COPY OF ORDER NO.B1/8282/2019 DATED 26.6.2019 OF DEPUTY DIRECTOR OF EDUCATION ANNEXURE-H TRUE COPY OF JUDGMENT OF THIS HON'BLE COUT IN WP(C) NO.22367/2019 DATED 15.10.2019 ANNEXURE-I TRUE COPY OF COUNTER AFFIDAVIT FILED BY 2ND RESPONDENT IN WP(C) 22367/2019 DATED 1.9.19 WITHOUT EXHIBITS ANNEXURE-J TRUE COPY OF THE REVISION PETITION NO.N2/191/2019 DATED 20.8.2019

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Crl.M.C.No.1613/2020 7

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ANNEXURE-K TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO.23163/2019 DATED 27.8.2019 ANNEXURE-L TRUE COPY OF ORDER G.O.(MS) NO.4865/2019/G.EDN. DATED 15.11.2019

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//TRUE COPY//

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SD/- P.S. TO JUDGE

Abdul Gafoor v. State of Kerala

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Abdul Gafoor v. State of Kerala

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