The High Court of Kerala quashed the criminal proceedings against the petitioner based on a settlement reached between the petitioner and the second respondent company during the pendency of the case, citing Section 482 Cr.P.C.
The criminal miscellaneous case was allowed and the petitioner was exonerated.
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 K.HARIPAL
TUESDAY, THE 21ST DAY OF DECEMBER 2021 / 30TH AGRAHAYANA, 1943
CRL.MC NO. 202 OF 2014
PETITIONER:
SAINUDHEEN AGED 61 YEARS S/O. LATE SULAIMAN RAVUTHAR, B11, 2ND FLOOR, PAMPOSH ENCLAVE, NEW DELHI, 110048. BY ADVS. SRI.V.K.BEERAN -SENIOR ADVOCATE SRI.V.C.SARATH SRI.P.VIJAYA BHANU SR. SRI.VIPIN NARAYAN
RESPONDENTS:
1 STATE OF KERALA (REPRESENTED BY THE S.I. OF POLICE, CENTRAL POLICE STATION-CRIME NO. 1901/2013), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2 M/S. MATHER PROJECT PVT. LTD. KODIYATT CHAMBERS, RAJAJI ROAD, ERNAKULAM, KOCHI-682015, REPRESENTED BY ITS EXECUTIVE DIRECTOR, N.ASOKAN. BY ADVS. SRI.M.AJAY SRI.P.V.MATHEW SRI.PRAVEEN K. JOY SRI.V.P.PRASAD SRI.K.R.RAJKUMAR
OTHER PRESENT:
SR.PP - SRI. RENJITH T.R.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21.12.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.M.C. No. 202 of 2014
ORDER
Petitioner the 1st accused in C.C. No. 164 of 2017 pending before the Chief Judicial Magistrate's Court, Ernakulam has moved this Criminal Miscellaneous Case under Section 482 of the Cr.P.C. seeking to quash the proceedings.
Crl.M.C. No. 202 of 2014
3
against accused Nos. 2 and 3 stands quashed by this Court on the ground of settlement.
the 1st accused also. The learned Senior Public Prosecutor also confirmed the settlement. It is pointed out that the affidavit of the 2nd respondent in support of settlement has been produced for Crl. M.C. No. 108 of 2018. In the light of the confirmation made by the learned counsel for the 2nd respondent, entire proceedings against the petitioner are quashed.
The Criminal Miscellaneous Case is allowed and the petitioner shall stand exonerated.
Sd/-
K. HARIPAL
JUDGE
RMV/21/12/2021
4
APPENDIX OF CRL.MC 202/2014
PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE SIGNATORY DETAILS DIRECTORS OF THE 2ND RESPONDENT COMPANY. ANNEXURE A2 TRUE COPY OF THE ALLOTMENT LETTER DATED 19-4-2011. ANNEXURE A3 TRUE COPY OF THE AGREEMENT DATED 5-8-2012 BETWEEN THE PETITIONER AND THE 2ND RESPONDENT. ANNEXURE A4 ANNEXURE A4- TRUE COPY OF THE AGREEMENT DATED 5-82012 BETWEEN THE PETITIONER AND 2ND RESPONDENT. ANNEXURE A5 TRUE COPY OF THE LETTER DATED 12-10-2012. ANNEXURE A6 TRUE COPY OF THE LETTER DATED 201-11-2012 OF THE 2ND RESPONDENT. ANNEXURE A7 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 2ND RESPONDENT BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM. ANNEXURE A8 TRUE COPY OF THE FIR IN CRIME NO. 1901/2013 ON 13-9-2013 OF THE 1ST RESPONDENT.
TRUE COPY
P.A.TO JUDGE
1 issue framed by the court
Whether criminal proceedings against the petitioner should be quashed in light of the settlement between the parties.
1 provisions across 1 enactments
SAINUDHEEN
STATE OF KERALA
M/S. MATHER PROJECT PVT. LTD.
K. HARIPAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
