In a criminal miscellaneous petition challenging an order in a case under IPC Sections 420, 423, 465, and 468, the court quashed the FIR and further proceedings. The decision rests on an affidavit evidencing an out-of-court settlement by the de facto complainant, finding further litigation unnecessary.
FIR and its further proceedings are quashed.
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 P.SOMARAJAN
MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942
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AGAINST THE ORDER/JUDGMENT IN CC 790/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS , KAYAMKULAM
CRIME NO.348/2012 OF Vallikunnam Police Station , Alappuzha
PETITIONER: ACCUSED
DR.SURESH BABU AGED 56 YEARS S/O.RAMAN PILLAI, NARAYANEEYAM HOUSE, WARD NO.VIII,PATHANAMTHITTA PANCHAYATH, PATHANAMTHITTA VILLAGE,PATHANAMTHITTA DISTRICT.
BY ADVS. SRI.B.RAMAN PILLAI (SR.) SRI.R.ANIL SRI.T.ANIL KUMAR SRI.MANU TOM SRI.M.SUNILKUMAR SRI.SUJESH MENON V.B. SRI.THOMAS ABRAHAM (NILACKAPPILLIL) SRI.M.VIVEK
RESPONDENTS:STATE & DEFACTO COMPLAINANT
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031.
2 SADANANDAN S/O.NARAYANAN, KONNATH EDAPPURAYIL, MANJADITHARA MURI, PALLIKKAL P.O., BARANIKAVU VILLAGE.
R1 BY ADV.SRI. RAMESH CHAND, PUBLIC PROSECUTOR R2 BY ADV. SRI.VINCENT JOSEPH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
The offences alleged are under Section 420,
423, 465, 468 of IPC. The matter settled out of court. An affidavit sworn by the defacto complainant produced to show the settlement arrived at out of the Court. Hence, if it is proceeded further, it will not serve any purpose. Hence, the
FIR and its further proceedings are quashed.
The Crl.M.C. is allowed accordingly.
Sd/-
P.SOMARAJAN
JUDGE
SPV
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APPENDIX
PETITIONER'S EXHIBITS:
| ANNEXURE A | THE CERTIFIED COPY OF CMP NO.2289 OF 2012 OF THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE, KAYAMKULAM. |
|---|---|
| ANNEXURE A | THE NOTARIZED COPY OF THE AFFIDAVIT SWORN TO BY THE RESPONDENT INDICATING THE FACTUM OF SETTLEMENT |
| ANNEXURE B | THE TRUE COPY OF THE FIR IN CRIME NO.348 OF 2012 OF VALLIKUNNAM POLICE STATION. |
| ANNEXURE-C | THE CERTIFIED COPY OF THE FINAL REPORT IN C.C. 790 OF 2013 ALONG WITH THE STATEMENT OF WITNESSES AND RECORDS |
| ANNEXURE-C1 | THE TRUE COPY OF THE FURTHER STATEMENT OF DEFACTO COMPLAINANT DATED 1.8.2012, WHICH FORMS PART OF THE FINAL REPORT |
| ANNEXURE-C2 | THE TRUE COPY OF THE STATEMENT OF CW2, DATED 6.6.2012 WHICH FROM PART OF THE FINAL REPORT. |
| ANNEXURE-C3 | THE TRUE COPY OF THE STATEMENT OF CW3, DATED 6.6.2012 WHICH FORM PART OF THE FINAL REPORT |
| ANNEXURE-C4 | THE TRUE COPY OF THE STATEMENT OF CW4, DATED 6.6.2012 WHICH FORM PART OF THE FINAL REPORT |
| ANNEXURE-C5 | THE TRUE COPY OF THE STATEMENT OF CW5, DATED 6.6.2012 WHICH FORM PART OF THE FINAL REPORT |
| ANNEXURE-C6 | THE TRUE COPY OF THE STATEMENT OF CW2, WHICH FORM PART OF ANNEXURE-C DATED 1.8.2012 |
| ANNEXURE-C7 | THE TRUE COPY OF THE STATEMENT OF CW3, WHICH FORM PART OF ANNEXURE-C DATED 1.8.2012 |
| ANNEXURE-C8 | THE TRUE COPY OF THE STATEMENT OF CW4, WHICH FORM PART OF ANNEXURE-C DATED 1.8.2012 |
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ANNEXURE -C9 THE TRUE COPY OF THE STATEMENT OF CW5, WHICH FROM PART OF ANNEXURE-C DATED 1.8.2012
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
2 issues framed by the court
Whether the FIR and subsequent proceedings should be quashed given the out-of-court settlement.
Whether the petitioner is entitled to quashing of criminal charges under Section 420 IPC, 423 IPC, 465 IPC, 468 IPC.
4 provisions across 1 enactments
DR.SURESH BABU
STATE OF KERALA
SADANANDAN
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
