Allowed

Sathyaraj v. State of Kerala

Kerala HC16 Dec 2021Crl.MC/4581/2021

Case brief

AI extract

What is this about?

Crl. M. C. petitioner accused in a cheating case moved this Court for quashing of the prosecution after investigating authorities filed the charge sheet. The court recorded the complaint by the defacto complainant that the dispute is settled, and consequently quashed the entire criminal proceedings in Crime No. 502/2021 at Enathu.

What did the court decide?

Entire proceedings in Crime No. 502/2021 of Enathu police station are quashed.

Sathyaraj 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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THURSDAY, THE 16^TH DAY OF DECEMBER 2021 / 25TH AGRAHAYANA, 1943

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CRL.MC NO. 4581 OF 2021

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CRIME NO. 502/2021 OF ENATHU POLICE STATION, PATHANAMTHITTA PETITIONERS/ACCUSED NOS. 1 TO 3:

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1 SATHYARAJAN

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AGED 65 YEARS S/O.ACHYUTHAN, MULLAYKKAL VEEDU, KALANJOOR MURI, KALANJOOR VILLAGE, KONNI TALUK, PAADAM.P.O, PIN-689694.

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2 SINDHU, AGED 54 YEARS W/O SATHYARJAN, MULLAYKKAL VEEDU, KALANJOOR MURI, KALANJOOR VILLAGE, KONNI TALUK, PAADAM.P.O, PIN-689694.

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3 SATHYAJITH, AGED 26 YEARS S/O.SATHYARAJAN, MULLAYKKAL VEEDU, KALANJOOR MURI, KALANJOOR VILLAGE, KONNI TALUK, PAADAM.P.O, PIN-689694.

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BY ADVS.P.V.DILEEP R.SARATHKRISHNAN

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RESPONDENTS:

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

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2 MADHU, AGED 52 YEARS S/O JANARDHANAN,

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Crl.M.C.No.4581 OF 2021 2

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BHAGAVATHY AYYATH HOUSE, EDAKKADU, PORUVAZHY.P.O, KOLLAM DISTRICT, PIN-690520.

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3 THE STATION HOUSE OFFICER, ENATHU POLICE STATION, ENATHU, PATHANAMTHITTA DISTRICT, PIN-691526.

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R1 & R3 BY SRI.HRITHWIK C.S., SENIOR PUBLIC PROSECUTOR R2 BY ADVS.K.V.ANIL KUMAR

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A.RANJITH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

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16.12.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.4581 OF 2021 3

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ORDER

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Petitioners are the accused in Crime No. 502/2021 of Enathu police station registered on 01.07.2021 alleging offence under Sections 420 read with 34 of the Indian Penal Code. The second respondent is the defacto complainant. He alleged that the accused persons had collected, in various instalments, an amount of Rs.6,75,500/-, offering him employment in Ecuador in Latin America and later, neither employment was facilitated nor the amount was settled and thus cheated him. Now, contending that the matter is settled, petitioners have moved this Court for quashing the entire proceedings.

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I heard the learned counsel for the petitioners, the learned counsel for the second respondent and also the learned Senior Public Prosecutor.

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The learned Senior Public Prosecutor has submitted on instruction that on conclusion of investigation, charge sheet has already been laid on 15.09.2021 before the Judicial First Class Magistrate’s Court - I, Adoor. Now the second respondent/defacto complainant states that the matter is settled and that he is not

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Crl.M.C.No.4581 OF 2021 4

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interested in pursuing the proceedings in Crime No.502/2021. This is recorded and entire proceedings in Crime No.502/2021 of Enathu

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police station are quashed.

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The Crl.M.C. is allowed as above.

Sd/-

K.HARIPAL

JUDGE

DCS/16.12.2021

Crl.M.C.No.4581 OF 2021 5

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APPENDIX

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PETITIONER'S ANNEXURE

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ANNEXURE A1 TRUE COPY OF THE F.I.R.IN CRIME NO.502/2021 OF ENATHU POLICE STATION, PATHANAMTHITTA DISTRICT ANNEXURE A2 TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT.

Sathyaraj v. State of Kerala

Case brief

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Sathyaraj v. State of Kerala

Case brief

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