Criminal miscellaneous petition to quash FIR under Sections 406, 420 IPC in property sale dispute. Court allowed petition and quashed proceedings upon payment of advance money and filing of Lok Adalat settlement award with complainant no objection affidavit.
Petition allowed; FIR and all further proceedings under Ar. 483/2016 of Thumba Police Station 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 ZIYAD RAHMAN A.A.
FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
CRL.MC NO. 4136 OF 2016
CRIME NO.483/2016 OF THUMBA POLICE STATION
CRL.MC 1030/2016 OF DISTRICT COURT & SESSIONS COURT,
THIRUVANANTHAPURAM
PETITIONER:
JOOSA STEPHEN
T.C 81/343, KUZHIVILAKOM HOUSE,
VALIYAVELI P.O., THIRUVANANTHAPURAM
BY ADV SHAJIN S.HAMEED
RESPONDENTS:
1STATE OF KERALA
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031
2SUB INSPECTOR OF POLICE
THUMBA POLICE STATION,
THIRUVANANTHAPURAM- 695 001
3M.M.BASHEER
SHAHNAS, MARKET ROAD, ATTINGAL,
THIRUVANANTHAPURAM - 695 001
BY ADVS.
SRI.K.S.ARUN KUMAR
SRI.D.KISHORE
PP-SRI.SUDHEER GOPALAKRISHNAN
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. 4136 OF 2016
ORDER
The petitioner is the sole accused in crime No.483/2016 of Thumba Police Station, which is registered against him for the offences punishable under Sections 406 and 420 IPC. Annexure A1 is the FIR which was registered on the basis of a complaint submitted by the 3rd respondent.
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CRL.MC NO. 4136 OF 2016
between the parties amicably in the course of conciliation talks conducted between them in the Lok Adalat held as part of settlement of O.S.No.164/2016. Annexure A7 is the Award passed by the Lok Adalat consequent to the said settlement. On the basis of such settlement, the 3rd respondent has also filed Annexure A9 affidavit acknowledging the aforesaid settlement and conveying his no objection to quash the proceedings pursuant to Annexure A1.
Accordingly, this Crl.M.C. is allowed. Annexure A1 FIR in Crime No.483/2016 of Thumba Police Station and all further proceedings pursuant there to are hereby quashed.
Sd/ZIYAD RAHMAN A.A. JUDGE
scs
CRL.MC NO. 4136 OF 2016
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APPENDIX OF CRL.MC 4136/2016
PETITIONER EXHI |
BITS |
|---|---|
ANNEXURE A1 |
FIR AND FI STATEMENT IN THUMBA POLICESTATION CRIME 483/16 DATED 1-05-2016 |
ANNEXURE A2 |
COPY OF THE ORDER IN CRIMINAL M.C1030/2016 DATED 4-06-2016 OF THE SESSIONSCOURT THIRUVANANTHAPURAM |
ANNEXURE A3 |
COPY OF THE PLAINT IN O.S 146/2015 FILEDBY THE 3RD RESPONDENT AGAINST THEPETITIONER BEFORE THE PRINCIPAL SUBCOURT, THIRUVANANTHAPURAM |
ANNEXURE A4 |
COPY OF THE ALLEGED AGREEMENT DATED 12-05-2015 |
ANNEXURE A5 |
COPY OF THE 2ND AGREEMENT DATEDNIL(ACCORDING TO HE 3RD RESPONDENT IT ISALLEGED TO HAVE EXECUTED ON 8-01-2016) |
ANNEXURE A6 |
COPY OF CIRCULAR NO.4/2012 OF THE POLICEHEAD QUARTERS NO.4-2012 OF THE POLICEHEADQUARTERS NO.4/2012 DATED 3/2012 |
ANNEXURE A7 |
PHOTOCOPY OF THE ORDER DATED 10/04/2021OF LOK ADALAT, DISTRICT LEGAL SERVICE,THIRUVANANTHAPURAM ALONG WITH THE TERMSOF COMPROMISE. |
ANNEXURE A8 |
PHOTOCOPY OF THE JUDGMENT DATED22/06/2021 IN O.S.No.164/2016 OF THE 11NDADDITIONAL SUB JUDGE, THIRUVANANTHAPURAM |
ANNEXURE A9 |
AFFIDAVIT EXECUTED BY THE 3RDRESPONDENT/DE FACTO COMPLAINANT. |
2 issues framed by the court
Whether to quash the FIR in private dispute settled amicable in Lok Adalat.
Whether settlement award and acknowledgement permit termination of criminal proceedings.
1 provisions across 1 enactments
JOOSA STEPHEN
STATE OF KERALA
SUB INSPECTOR OF POLICE THUMBA
M.M.BASHEER
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court