Allowed

Harikrishnan v. State of Kerala

Kerala HC3 Nov 2021Crl.MC/2181/2021

Case brief

AI extract

What is this about?

In this Criminal Miscellaneous Case, the High Court of Kerala at Ernakulam disposed of a petition seeking quashing of proceedings in C.C. No. 1111/2019. The Court allowed the petition and quashed proceedings due to a complete settlement and private nature of the dispute.

What did the court decide?

The Criminal Miscellaneous Case was allowed and all further proceedings in C.C. No. 1111/2019 were quashed.

Harikrishnan Vs State of Kerala — Cheating and Forgery | 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 MRS. JUSTICE M.R.ANITHA

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WEDNESDAY, THE 3^RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943

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CRL.MC NO. 2181 OF 2021

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(TO QUASH ANNEXURE-A1 FINAL REPORT IN C.C. NO.1111/2019 AND ALL FURTHER PROCEEDINGS TAKEN AGAINST THE PETITIONERS/ACCUSED 1 TO 8

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ON THE FILE OF THE JUDICIAL MAGISTRATE OF 1ST CLASS-1,

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THODUPUZHA,IDUKKI DISTRICT)

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PETITIONERS/ACCUSED 1 TO 8:

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1 HARIKRISHNAN AGED 24 YEARS S/O. VIJAYAN NAIR, KRISHNA KRIPA, KOTTARA, MEEYANNUR P. O., KOLLAM - 691 537.

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2 AKHIL MATHEW AGED 23 YEARS

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KUNNEL HOUSE, KARIMANNUR, MALAPPURAM, THODUPUZHA - 685 581.

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3 CHANDRAKANTH K. ULLAS AGED 22 YEARS S/O. K. C. ULLAS, KARUVATH HOUSE, PALLINADA, KAIPAMANGALAM, THRISSUR - 680 681.

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4 MUHAMMED RAHIL KHAN AGED 27 YEARS S/O. NOUSHAD KHAN, CRESCENT HOUSE, CIVIL STATION WARD, SCARIA BAZAR, ALAPPUZHA - 688 001.

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5 RAFIN

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AGED 23 YEARS

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S/O. RAFEEK, HASSAN HOUSE, KANYAKULANGARA, VEMBAYAM P. O., TRIVANDRUM - 695 615.

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6 SABITH A. SHUKKOOR AGED 23 YEARS

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S/O. ABDUL SHUKKOOR, SAHITH NIVAS, MANNURKONAM, NEDUMANGAD, TRIVANDRUM - 695 541. 7 AMAL KRISHNA AGED 21 YEARS S/O. KUNJI NARAYANAN, SREE NARAYANA HOUSE, PATHIRIYAD, KANNUR - 670 643.

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Cr.M.C.No.2181 of 2021

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8 EBIN BABU AGED 26 YEARS S/O. BABU AUGUSTINE, AZHAKAM PARAMBIL HOUSE, NADUVELIL, MANDALAM, KANNUR - 670 582. BY ADV C.Y.VINOD KUMAR

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RESPONDENTS/STATE, I.O. & CWS 1 TO 6:

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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 THE SUB INSPECTOR OF POLICE CRIME NO.500/2019 OF THODUPUZHA POLICE STATION, THODUPUZHA - 685 584.

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3 V.S.SEBASTIAN AGED 66 YEARS S/O. SCARIA, NADUVILEKKUTTU HOUSE, NEAR KESARI LIBRARY JUNCTION, THRIKKAKARA, ERNAKULAM - 682 021.

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4 P.J.GEORGE AGED 64 YEARS S/O. JOSEPH, PUTHUMANA HOUSE, THATTARATHATTA, THODUPUZHA, IDUKKI - 685 586.

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5 SIMI SANTHOSH AGED 38 YEARS W/O. SANTHOSH, ANAPPARA HOUSE, KURINJI, NELLAPARA, RAMAPURAM - 686 652.

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6 RADHIKA PRASAD AGED 37 YEARS W/O. PRASAD, KANNATTU HOUSE, VENGALLUR, THODUPUZHA - 685 608.

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7 JINI SEBASTIAN AGED 39 YEARS W/O. SEBASTIAN, PANNARAKUNNEL HOUSE, PERUMPILLICHIRA, KUMARAMANGALAM, THODUPUZHA - 685 605.

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Cr.M.C.No.2181 of 2021

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8 MINI RAJU AGED 51 YEARS W/O. RAJU, MAVADIYIL HOUSE, VENGALLUR, THODUPUZHA - 685 608. BY ADV JAIN VARGHESE

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PP. SRI.SANGEETHARAJ.N.R,SR GP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Cr.M.C.No.2181 of 2021

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ORDER

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Dated this the 3^rd day of November, 2021

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This Crl.M.C. has been filed seeking to quash entire further proceedings against the petitioners in C.C. No. 1111/2019 on the files of the Judicial First Class Magistrate Court-I, Thodupuzha, which arise out of Crime No.500/2019 of Thodupuzha Police Station, alleging offence punishable under Sections 143, 147, 342, 506(i), 427 r/w Section 149 of IPC.

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Petitioners are the accused Nos.1 to 8 in the above crime. 3^rd respondent is the defacto complainant, who is the Principle of the Co-operative School of Law, Thodupuzha, at the time of occurrence and other respondent Nos.4 to 8 are the office staff members.

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Annexure-A1 is the certified copy of the final report. Annexure-A2 is the affidavit duly sworn in by the defacto complainant/3^rd respondent. Annexure-A3 to A7 are the affidavit sworn in by the other respondents.

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Adv.Sri.Jain Varghese, appeared on behalf of the

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Cr.M.C.No.2181 of 2021

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defacto complainant and filed affidavit of the defacto complainant and other respondents and reports about the settlement arrived at between the parties.

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The learned Public Prosecutor produced the copy of the report of the SHO along with the signed statement of the respondent Nos.4 to 8. The statement of 3^rd respondent/defacto complainant was recorded over phone has also been produced.

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It has come out from the affidavit duly sworn in by the defcto complainant and other respondent Nos.4 to 8, that the entire issues between the petitioners and the defacto complainant and other staff members have been amicably settled. Respondent Nos.3 to 8 don't want to continue the proceedings against the petitioners.

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Since, the entire issues between the parties are purely private in nature and no public interest is involved and the entire issues between the petitioners and the defacto complainant and other respondents 4 to 8 have been amicably settled, the continuation of the proceedings against the

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Cr.M.C.No.2181 of 2021

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petitioners will not serve any useful purpose and it will be an abuse of process of court. So, I do not find any impediment in quashing the proceedings against the petitioners in the above crime.

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In the result, Crl.M.C. allowed and all further proceedings against the petitioners in C.C. No. 1111/2019 on the files of the Judicial First Class Magistrate Court-I, Thodupuzha, which arise out of Crime No.500/2019 of Thodupuzha Police Station, is hereby quashed.

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Hence, the Crl.M.C. allowed as above.

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Sd/M.R.ANITHA JUDGE

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SMF

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Cr.M.C.No.2181 of 2021

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APPENDIX OF CRL.MC 2181/2021

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PETITIONERS' ANNEXURE

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ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN CC NO.1111/2019 ON THE FILE OF THE JUDICIAL MAGISTRATE OF 1ST CLASS - I, THODUPUZHA. ANNEXURE A2 AFFIDAVIT SWORN BY THE 3RD RESPONDENT /CW1. ANNEXURE A3 AFFIDAVIT SWORN BY THE 4TH RESPONDENT /CW2. ANNEXURE A4 AFFIDAVIT SWORN BY THE 5TH RESPONDENT /CW3. ANNEXURE A5 AFFIDAVIT SWORN BY THE 6TH RESPONDENT /CW4. ANNEXURE A6 AFFIDAVIT SWORN BY THE 7TH RESPONDENT /CW5. ANNEXURE A7 AFFIDAVIT SWORN BY THE 8TH RESPONDENT /CW6.

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//TRUE COPY//

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PA TO JUDGE

Harikrishnan v. State of Kerala

Case brief

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Harikrishnan v. State of Kerala

Case brief

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