Allowed

Gokul Divakar @ Nikhil v. State of Kerala

Kerala HC19 Nov 2021Crl.MC/3581/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a Criminal Miscellaneous petition seeking to quash proceedings under IPC 406, 420, 385 and IT Act 43/43(d). The court held that since the dispute was private and amicably settled out of court, continuing proceedings would be an abuse of process. The matter was quashed.

What did the court decide?

The entire further proceedings against the petitioner in Crime No.838/2021 of Mattanchery police station are quashed.

Gokul Divakar @ Nikhil 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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FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943

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CRL.MC NO. 3581 OF 2021

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CRIME NO.838/2021 OF MATTANCHERY POLICE STATION, ERNAKULAM CITY

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PETITIONERS/ACCUSED:

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GOKUL DIVAKAR @ NIKHIL
AGED 40 YEARS
S/O.K.DIVAKAR, C/O.CRO.P CIRCLES,
CA 103, RIVERA RETREATS, THEVARA FERRY ROAD,
THEVARA, ERNAKULAM-682013.
NOW RESIDING AT 95, WATERSCAPE APARTMENTS
(CHAKOLAS),THEVARA,ERNAKULAM.

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BY ADV C.ANILKUMAR (KALLESSERIL)

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH OURT OF KERALA, ERNAKULAM-682031.

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2KURIEN JOSE
AGED 53 YEARS
31 BC CHOICE FLAT, NADAMA,
THRIPUNITHURA, HILL PALACE,
ERNAKULAM – 682 301

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3 KURIEN JOSE, AGED 53 YEARS S/O KURIEN JOSE, 31 BC, CHOICE FLAT, NADAMA, THRIPUNITHURA, HILL PALACE, ERNAKULAM-682301.

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BY ADV THOMAS J.ANAKKALLUNKAL

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 3581 OF 2021

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ORDER

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This Crl.M.C. has been filed seeking to quash the entire proceedings against the petitioner in crime No.838/2021 of Mattanchery police station registered for the offences punishable under Sections 406, 420 and 385 of the Indian Penal Code and Section 43 and 43(d) of the Information Technology (Amendment) Act.

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Annexure 1 is the copy of the FIR in crime No.838/2021 of Mattancherry police station. Annexure 2 is the copy of the FIR in the counter case, i.e., crime No.724/2021 of Mattanchery police station. Now the parties have amicably settled the issues out of court. Annexure 3 is the settlement agreement arrived at between the parties. Annexure 4 is the affidavit duly sworn in by the defacto complainant.

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Adv.Thomas J Anakallunkal appeared on behalf of the defacto complainant. He reports about the settlement arrived at between the parties.

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The learned Public Prosecutor filed copy of report of the SHO, Assistant Commissioner of Police, C-Branch, Kochi City along with copy of the signed statement of the defacto complainant.

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CRL.MC NO. 3581 OF 2021

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3

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It has come out from the affidavit duly sworn in by the defacto complainant as well as the signed statement of the defacto complainant given to the SHO that the entire issues with the petitioner have been amicably settled out of court. She is not interested to prosecute the matter further. She further categorically stated that she has no objection in quashing the further proceedings against the petitioner in the said crime.

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The entire issues between the parties are purely private in nature and no public interest is involved. Since the entire issues between the parties have been amicably settled out of court, continuation of the proceedings against the petitioner would be an abuse of process of court.

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In the result, Crl.M.C. allowed and the entire further proceedings against the petitioner in crime No.838/2021 of Mattanchery police station, is hereby quashed.

Sd/-

M.R.ANITHA

JUDGE

nkr

CRL.MC NO. 3581 OF 2021

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APPENDIX OF CRL.MC 3581/2021

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PETITIONER ANNEXURE

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Annexure 1A COPY OF THE FIR IN CRIME NO.838/2021
OF MATTANCHERY POLICE STATION

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Annexure 2A COPY OF THE FIR IN CRIME NO.724/2021
OF MATTANCHERRY POLICE STATION

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Annexure 3A COPY OF THE SETTLEMENT AGREEMENT
DATED 05.08.2021 ENTERED BETWEEN THE
PETITIONER, MS. TIMA S. AND THE 2ND
RESPONDENT.

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Annexure 4AFFIDAVIT SWORN IN THE 2ND RESPONDENT.

Gokul Divakar @ Nikhil v. State of Kerala

Case brief

What is this about?

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Gokul Divakar @ Nikhil v. State of Kerala

Case brief

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