The High Court at Ernakulam allowed a criminal miscellaneous petition seeking quashing of proceedings for cheating and breach of trust. Relying on Gian Singh, the Court quashed the trial citing the private nature of the dispute and the settlement between parties.
Criminal Misc. Case No. 211/2016 and Annexure-A1 Final Report against the petitioners are 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 5TH DAY OF AUGUST 2022 / 14TH SRAVANA, 1944
CRL.MC NO. 1138 OF 2022
CC 211/2016 OF JMFC - VIII, ERNAKULAM (TEMPORARY)
PETITIONER/S:
1 SURESH K AGED 45 YEARS DEVIKA HOUSE, DOOR NO. 49 256, PONEKKARA, EDAPPALLY, COCHIN 24 ERNAKULAM, PIN - 682024
2 SINDHU SURESH AGED 38 YEARS DEVIKA HOUSE, DOOR NO. 49 256, PONEKKARA, EDAPPALLY, COCHIN 24, PIN - 682024 BY ADVS. AMEER.K.M. M.J.JESNA AISWARYA RAVIKUMAR RAHMATHULLAH.M MUHAMMED HYZAM ABDURAHIMAN
RESPONDENT/S:
1 STATE OF KERALA AGED 40 YEARS HIGH COURT OF KERALA ERNAKULAM, PIN - 682031
2 MANJU SHIVANANDAN AGED 40 YEARS RESIDING AT FLAT NO. 4A3, KENT GLASS HOUSE, KANIYAMPUZHA ROAD, VYTTILA, KOCH-19, PIN - 682019 BY ADVS.
M.G.VIJAYAN
Adv Sreeja V-Sr PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.08.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 5th day of August, 2022
The petitioners are the accused in crime No.1621/2012 of Panangad Police Station (now transferred to Maradu Police Station), which is now pending as C.C. No.211/2016 before the Judicial First Class Magistrate's Court-VIII, Ernakulam. The offences alleged against the petitioners are under Sections 403, 406, 420 read with Section 34 of the Indian Penal Code.
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Prosecutor for the State and Sri. M.G. Vijayan, the learned counsel appearing for the 2nd respondent.
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allowing the prosecution to continue.
In the result, this Crl.M.C. is allowed and Annexure-A1 final report submitted in crime No.1621/2012 of Panangad Police Station (now transferred to Maradu Police Station) and C.C. No.211/2016 on the files of the Judicial First Class Magistrate's Court-VIII, Ernakulam, against the petitioners are hereby quashed.
Sd/ZIYAD RAHMAN A.A. JUDGE
ncd
APPENDIX OF CRL.MC 1138/2022
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PETITIONER ANNEXURES Annexure1 THE CERTIFIED COPY OF THE FINAL REPORT DATED 20.02.2014 IN CRIME NO. 1621/2012 IN C.C.NO.211/2016. Annexure2 THE CERTIFIED COPY OF THE FIR DATED 03.12.2012IN CRIME NO. 1621/2012 . Annexure3 THE TRUE COPY OF AFFIDAVIT DATED 09.02.2022 SWORN IN BY THE 2ND RESPONDENT.
1 issue framed by the court
Whether criminal proceedings for cheating and breach of trust can be quashed under Section 482 Cr.P.C. upon settlement between the parties.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabApplied¶27
Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] · Who else cites this
1 provisions across 1 enactments
Suresh K
Sindhu Suresh
State of Kerala
Manju Shivanandan
Ziyad Rahman A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
