Allowed

Sindhu Sreedharan v. State of Kerala

Kerala HC1 Apr 2022Crl.MC/1337/2022

Case brief

AI extract

What is this about?

The Court quashed criminal proceedings against the petitioner, who was accused of cheating and misappropriating funds under an NGO scheme. Based on the settlement vouched by the respondents and the absence of public interest, the Court exonerated the petitioner.

What did the court decide?

The entire proceedings in C.C. No. 1315 of 2019 are quashed and the petitioner stands exonerated.

Sindhu Sreedharan Vs State of Kerala — Contract and Commercial Disputes | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE K.HARIPAL FRIDAY, THE 1^ST DAY OF APRIL 2022 / 11TH CHAITHRA, 1944 CRL.MC NO. 1337 OF 2022

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PETITIONER/ACCUSED:

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SINDHU SREEDHARAN AGED 47 YEARS WIFE OF SHELVARAJ, AKSHAYA NIVAS, KAVUNGAL, THALIPARAMBA, PATTUVAM P.O, KANNUR KANNUR, PIN - 670143 BY ADV CIBI THOMAS

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RESPONDENTS/STATE AND DE FACTO COMPLAINANT:

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1 STATE OF KERALA HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 2 FR. SHAIJU PETER DIRECTOR, KAIROS, BURNASSERY P.O, KANNUR DISTRICT KANNUR, PIN - 670013 3 FR. BENNY MANNATT AGED 56 YEARS S/O. ABRAHAM, FORMER DIRECTOR, KAIROS, BURNASSERY P.O, KANNUR DISTRICT - 670 001. BY ADVS. PUBLIC PROSECUTOR K.PRAVEEN KUMAR CIBI THOMAS

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SRI. C.S. HRITHWIK

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C. No. 1337 of 2022

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ORDER

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Petitioner is the sole accused in C.C. No. 1315 of 2019 on the file of the Judicial First Class Magistrate's Court-II, Kannur which arose from the final report in Crime No. 1007 of 2015 of Kannur City police station which was originated on the complaint given by the 2^nd respondent alleging offence punishable under Sections 468, 471, 409 and 420 of the IPC. On conclusion of investigation, charge sheet was laid and now the petitioner faces allegations on the above stated counts.

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The petitioner was the coordinator of a scheme by name Save a Family Plan (SAFP) which was intended for helping the poor and destitute in society using contributions made by people working abroad etc. After obtaining applications for help from persons including CWs 10 to 13, with the intention of cheating them, false documents were created and she misappropriated an amount of Rs.2,70,208/and transferred that amount to her own account; this was

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Crl.M.C. No. 1337 of 2022

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done during the period between February 2012 and July 2013. She also misappropriated an amount of Rs.18,000/- by misleading CW2 and an amount of Rs.30,000/- by falsifying the account list of the beneficiaries. Now it is contended that

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the matter is settled and therefore, entire proceedings are sought to be quashed.

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I heard the learned counsel for the petitioner and also the learned Senior Public Prosecutor who has confirmed the

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settlement reached between the parties.

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According to the learned counsel for the petitioner,

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CW2 was the director at the alleged commission of the crime by the petitioner. CW2 has since been impleaded as the additional 3^rd respondent who has also filed affidavit supporting the settlement reached between the parties.

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In the light of the settlement vouched by CWS 1 and 2 who are respondents 2 and 3, and since there is no public interest is involved, entire proceedings in C.C. No. 1315 of 2019 on the file of the Judicial First Class Magistrate's

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Crl.M.C. No. 1337 of 2022

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Court-II, Kannur are quashed and the petitioner shall stand

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exonerated.

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The Criminal Miscellaneous Case is allowed as above.

Sd/-

K. HARIPAL

JUDGE

RMV/01/04/

APPENDIX OF CRL.MC 1337/2022

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PETITIONER ANNEXURES Annexure I TRUE COPY OF THE FINAL REPORT IN CRIME NO. 1007/2015 OF KANNUR CITY POLICE STATION, KANNUR DISTRICT Annexure II TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT Annexure III TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE PARTIES RESPONDENT ANNEXURES Annexure IV TRUE COPY OF THE AFFIDAVIT SWORN IN BY THE CW2 IN THE FINAL REPORT IN CRIME NO.1007/2015 OF KANNUR CITY POLICE STATION.

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TRUE COPY

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P.A.TO JUDGE

Sindhu Sreedharan v. State of Kerala

Case brief

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Sindhu Sreedharan v. State of Kerala

Case brief

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