Allowed

M.K. Yoosaf v. State of Kerala

Kerala HC26 Oct 2022Crl.MC/1114/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed this criminal miscellaneous petition upon finding that the dispute between the petitioner and the complainant had been settled. Invoking the principles laid down in Gian Singh v. State of Punjab, the Court held that since the matter is private and no fruitful purpose would be served by continuing prosecution, the proceedings were quashed under Section 482 Cr.P.C.

What did the court decide?

Quashing of the FIR (Crl.M.C.No.1114/22) and all further proceedings in C.C.No.469 of 2014.

M.K. Yoosaf Vs State of Kerala — Cheque Dishonour | Kerala HC (2022)

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Crl.M.C.No.1114/22

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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 ZIYAD RAHMAN A.A.

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WEDNESDAY, THE 26^TH DAY OF OCTOBER 2022 / 4TH KARTHIKA, 1944

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CRL.MC NO. 1114 OF 2022

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CRIME NO.34/2014 OF CHOMBALA POLICE STATION, Kozhikode

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AGAINST THE ORDER/JUDGMENTCC 469/2019 OF JUDICIAL MAGISTRATE OF

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FIRST CLASS ,VADAKARA

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PETITIONERS/ACCUSED:

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M.K.YOOSAF, AGED 59 YEARS, MADAVANAKANDI HOUSE, OCHIYAM, KANOOKARA, KOZHIKODE PIN – 673 102.

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BY ADVS. SRINATH GIRISH P.JERIL BABU

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RESPONDENTS/STATE AND DE FACTO COMPLAINANT:

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1 STATE OF KERALA, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031.

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2 M.K MUHAMMED, AGED 72 YEARS, MADAVANAKANDI HOUSE, OCHIYAM, KANOOKARA, KOZHIKODE, PIN – 673 102.

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BY ADVS. SRI.C.S.HRITHWIK, PUBLIC PROSECUTOR Prasudha S

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.10.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C.No.1114/22

O R D E R

Petitioner is the accused in Crime No.34/2014 of Chombala Police Station, which is now pending as C.C.No.469 of 2019 before the Judicial First Class Magistrate Court, Vatakara. Offences alleged against the petitioner are under Sections 406, 420, 465, 468 and 471 IPC.

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The prosecution case is that, the petitioner filed a case before a Court at Dubai by misusing the cheque of the 2^nd respondent by forging his signature. Annexure-A1 is the FIR and Annexure-A2 is the final report submitted by the Police. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-A2.

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Heard Sri.Srinath Girish, learned counsel for the petitioner, Sri.C.S.Hrithwik, learned Public Prosecutor for the State and Smt.Prasuda, learned counsel for the 2^nd respondent.

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Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexure-A3 affidavit sworn by the 2^nd respondent/de

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Crl.M.C.No.1114/22 3

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facto complainant is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the 2^nd respondent/de facto complainant had specifically acknowledged the aforesaid settlement and also conveyed the no-objection to quash the proceedings against the petitioners herein. The learned counsel appearing for the 2^nd respondent/de facto complainant also confirms the same. The learned Public Prosecutor, upon instructions, submitted that the Station House Officer concerned has verified the veracity of the same and found it to be genuine.

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The allegations would reveal that the dispute is purely private in nature. In such circumstances, by applying the principles laid down by the Honourable Supreme Court in Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] , proceedings can be quashed by invoking the powers of this Court under Section 482 Cr.P.C. This is particularly because, on account of the settlement, no fruitful purpose would be served by allowing the prosecution to continue.

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In the result, this Crl.M.C. is allowed, and Annexure-A1 FIR submitted in Crime No.34 of 2014 of Chombala Police Station and

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Crl.M.C.No.1114/22

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all further proceedings in C.C.No.469 of 2014 on the file of the Judicial First Class Magistrate Court, Vatakara, against the petitioner are hereby quashed.

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Sd/-

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ZIYAD RAHMAN A.A.

JUDGE

DG/26.10.22

Crl.M.C.No.1114/22

APPENDIX OF CRL.MC 1114/2022

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PETITIONER ANNEXURES

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Annexure1 CERTIFIED COPY OF THE FIR NO. 34/2019 DATED 15-01-2014.

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Annexure2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 34/2014 OF CHOMBALA POLICE.

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Annexure3 AFFIDAVIT OF 2ND RESPONDENT.

M.K. Yoosaf v. State of Kerala

Case brief

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M.K. Yoosaf v. State of Kerala

Case brief

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