Quashed

Ashok Kumar v. State of Kerala

Kerala HC24 Sept 2021Crl.MC/2936/2021

Case brief

AI extract

What is this about?

The High Court at Ernakulam, in a criminal miscellaneous case, quashed pending criminal proceedings regarding alleged cheating and criminal breach of trust upon finding that the dispute had been settled out of court by the accused and the victim.

What did the court decide?

Entire proceedings in C.C. No. 629 of 2017 pending before the Judicial First Class Magistrate Court II, Peerumedu are hereby quashed.

Ashok Kumar Vs 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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FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943

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CRL.MC NO. 2936 OF 2021

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(IN CRIME NO. 152 OF 2017 OF KUMALY POLICE STATION, IDUKKI DISTRICT)

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AGAINST THE ORDER/JUDGMENT IN CC 629/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS

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-II, PEERUMEDU, IDUKKI

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PETITIONER/ACCUSED:

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ASHOK KUMAR
AGED 34 YEARS
S/O. RAMACHANDRAN, POURNIMA VEEDU, ELAKULLAGARA, PONKUNNAM,
KANJIRAPPALLY, KOTTAYAM 686 507

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BY ADV M.R.SASITH

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RESPONDENTS/STATE/DEFACTO COMPLAINANT:

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1STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM PIN 682 031
2SIRGUNAN
AGED 33 YEARS
S/O. K SANKER, KRISHNABHAVAN, KUTHUKALSSERI BHAGAM, ANAVILASAM,
KUMALY, IDUKKI 685 509
BY ADV RAJITHA V.K
SR.PP-SRI. NOUSHAD

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

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24.09.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M. No. 2936 of 2021

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ORDER

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Petitioner is the sole accused in crime No. 152 of 2017 of Kumaly police station, which was registered alleging offence punishable under Sections 406 and 420 of the IPC., on the basis of the First Information Statement given by Sirgunan, who is the 2^nd respondent.

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The allegation is that petitioner had taken Maruti 800 car bearing registration No. KL-69-1669 from the defacto complainant on the promise that he would remit the balance cash credit amount; the said transaction was on 20.11.2014. But he failed to remit the amount and then tried to dispose of the case and thus alleging offence under Sections 406 and 420 of the IPC the crime was launched by the 2^nd respondent. On conclusion of investigation, charge sheet has been laid before the Judicial First Class Magistrate Court-II, Peerumedu, where the case is pending as C.C. No. 629 of 2017. Now the petitioner, accused has moved this Court under Section 482 of the Cr.P.C., seeking to quash the proceedings on the premise that the dispute with the 2^nd respondent stands settled.

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I heard the learned counsel for the petitioner and also the learned Senior Public Prosecutor.

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Crl.M. No. 2936 of 2021

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My attention has been drawn to Annexure-3 affidavit filed by the 2^nd respondent where it is explicitly made clear that the matter is settled between the parties and that the 2^nd respondent does not want to pursue the proceedings.

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Evidently it was a deal touching the transaction of a car which stands settled. It was a personal private dispute between the parties which has been settled out of Court and the 2^nd respondent does not want to prosecute the petitioner. In the light of the such a settlement there is no purpose in continuing the proceedings in C.C.No. 629 of 2017 pending before the Judicial First Class Magistrate Court II, Peerumedu. Entire proceedings in C.C. NO. 629 of 2017 are here by quashed under Section 482 of the Cr.P.C

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Criminal Miscellaneous Case is allowed as above.

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K. HARIPAL
JUDGE

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RMV/24/09/2021

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Crl.M. No. 2936 of 2021

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Crl.M.C. No. 2936/2021

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The lower Court case number occurring in the cause title of final order dated 24/09/2021 in Crl.M.C. 2936/2021 as “C.C. No. 629/2017” is corrected and substituted as “C.C. 517/2017” as per order dated 02.06.2023 in Crl. MA. 1/2023 in Crl.M.C. 2936/2021.

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Sd/-

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Assistant Registrar

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Crl.M.C. No. 2936/2021

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The lower Court case number occurring as “C.C. No. 629/2017” in the para 2 line 9 and in para 5 line 5 and line 7, of the final order dated 24/09/2021 in Crl.M.C. 2936/2021 is corrected and substituted as “C.C. 517/2017” as per order dated 02.06.2023 in Crl. MA. 1/2023 in Crl.M.C. 2936/2021.

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Sd/-

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Deputy Registrar

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Crl.M. No. 2936 of 2021

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APPENDIX OF CRL.MC 2936/2021
PETITIONER ANNEXURES
Annexure A1TRUE COPY OF THE FIR IN CRIME NO. 0152/2017 OF
KUMALY POLICE STATION
Annexure A2TRUE COPY OF FINAL REPORT IN CC 629/17 PENDING
BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT II,
PEEERUMADE
Annexure A3AFFIDAVIT SWORN BY THE 2ND RESPONDENT.

Ashok Kumar v. State of Kerala

Case brief

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Ashok Kumar v. State of Kerala

Case brief

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