Allowed

N.Nagaraja v. the State of Kerala

Kerala HC20 Dec 2021Crl.MC/1974/2021

Case brief

AI extract

What is this about?

Criminal miscellaneous petition filed to quash an FIR alleging cheating. Noting that the dispute involves a small sum and is settled by the informant via affidavit, the court held that further investigation is meaningless and quashed the proceedings.

What did the court decide?

All further proceedings initiated pursuant to registration of Crime No.50/2018 of Kasaragod Police Station are quashed.

N.Nagaraja Vs the State of Kerala — Quashing and FIR | 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 K.HARIPAL

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MONDAY, THE 20^TH DAY OF DECEMBER 2021 / 29TH AGRAHAYANA, 1943

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CRL.MC NO. 1974 OF 2021

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CRIME 50/2018 OF KASARAGOD POLICE STATION

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PETITIONERS/ACCUSED 1 & 2:

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1 N.NAGARAJA

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AGED 48 YEARS,S/O. NARSHAPPA, PARASHURAMAPURA GRAMA, CHELLAKERE, CHITHRADURGA DISTRICT, KARNATAKA STATE.

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2 GOPALAKRISHNA RAO @ G.K. NAVADA,

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AGED 55 YEARS,S/O. SHANKARA NARAYANA, RESIDING AT NAVADA HOUSE, PELATHADKA, BAYAR VILLEINAGE ND POST, KASARAGOD DISTRICT.

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BY ADV T.MADHU

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RESPONDENTS/STATE:

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1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF

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KERALA, ERNAKULAM 682 031.

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2 THE STATION HOUSE OFFICER KASARAGOD POLICE STATION, KASARAGOD DISTRICT 671 121.

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3 MALLIKA U,

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AGED 39 YEARS, W/O. RAGHAVAN, RESIDING AT ARJAL HOUSE, ARJAL, CHOWKI, PUTHUR, KASARAGOD TALUK, KASARAGOD DISTRICT 671 124.

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OTHER PRESENT:

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SR.PP - SRI. RENJITH T.R.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

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20.12.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C.1974/2021

O R D E R

This is a petition filed under Section 482 of the Cr.P.C. seeking to quash Annexure-A1 FIR.

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Petitioners are accused in crime 50/2018 of Kasaragod police station, which was registered on 19.01.2018 alleging offences under Sections 406, 420 and 506 read with 34 of the IPC on the basis of the First Information Statement given by the 3^rd respondent. It is alleged that during the period between 22.08.2013 and February 2015 the accused persons had collected an amount of Rs.21,600/- from the defacto complainant offering to repay the same with margin money. Even though the said amount was collected, neither the amount collected nor the additional amount was repaid to her. Thus she initiated prosecution against the petitioners by giving information to the police. The matter is now under investigation.

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The petitioners have moved this Court under Section 482 of the Cr.P.C. contending that the dispute stands settled with the defacto complainant. In support of the same, Annexure-A2 affidavit sworn by the defacto complainant is produced as proof of the settlement.

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Crl.M.C.1974/2021

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I heard the learned counsel on both the sides.

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It appears from the records that the subject matter of the dispute comes to only Rs.21,600/-. In the affidavit she has clearly stated

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that she does not have any grievance against the petitioners. In the circumstances, as the dispute is settled there is no meaning in continuing the investigation in the crime. Therefore, all further proceedings initiated against the petitioners pursuant to registration of crime No.50/2018 of Kasaragod police station are quashed.

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The Crl.M.C. is allowed as above.

Sd/-

K.HARIPAL JUDGE

okb/20.12

//True copy// P.S. to Judge

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Crl.M.C.1974/2021

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APPENDIX OF CRL.MC 1974/2021

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PETITIONER ANNEXURES

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ANNEXURE A1 THE TRUE CERTIFIED COPY OF THE FIR DATED 19/1/2018 IN CRIME NO. 50/2018 OF KASARAGOD POLICE STATION. ANNEXURE A2 THE AFFIDAVIT DATED 19/2/2021 SWORN IN BY THE THIRD RESPONDENT.

N.Nagaraja v. the State of Kerala

Case brief

What is this about?

What did the court decide?

N.Nagaraja v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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