The High Court of Kerala quashed the FIR and criminal proceedings against petitioners in a private dispute involving alleged cheating and false documents, applying Gian Singh principles due to the settled nature of the dispute and verified settlement affidavit.
Quashed the proceedings based on Annexure-A1 FIR in Crime No.1910/2020.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 23RD DAY OF AUGUST 2022 / 1ST BHADRA, 1944 CRL.MC NO. 353 OF 2021
CRIME NO.1910/2020 OF PETTAH POLICE STATION
PETITIONER/S:
BY ADVS. N.KRISHNA PRASAD SHRI.B.S.SANKAR LAL
RESPONDENT/S:
ADV. C. S. HRITHWIK - PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.08.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 23rd day of August, 2022
The petitioners are accused Nos.1 to 3 in crime No.1910/2020 of Pettah Police Station. The offences alleged against the petitioners are under Sections 420, 405, 406 read with Section 34 of the Indian Penal Code.
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Senior Public Prosecutor for the State and Smt. Yogamaya M.G., 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 F.I.R. submitted in crime No.1910/2020 of Pettah Police Station, against the petitioners are hereby quashed.
Sd/ZIYAD RAHMAN A.A. JUDGE
ncd
Crl.M.C.No.353/2021
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APPENDIX OF CRL.MC 353/2021
PETITIONER ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT DATED 12.12.2020 IN CRIME NO.1910/2020 DATED 12.12.2020 REGISTERED WITH THE PETTAH POLICE STATION, THIRUVANANTHAPURAM. ANNEXURE A2 ORIGINAL OF THE AFFIDAVIT DATED 11.1.2021 SWORN TO BY THE 2ND RESPONDENT.
2 issues framed by the court
Whether a private dispute regarding property and alleged cheating can be quashed upon settlement under Section 482 Cr.P.C.
Whether the averments of settlement genuine and verified by the station house officer suffice for quashing criminal proceedings.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherApplied¶27
Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] · Who else cites this
2 provisions across 2 enactments
Sujeebu
Saja
Suja Priya
State of Kerala
Saran
Ziyad Rahman A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
