Quashed

Sajila Saleem v. State of Kerala

Kerala HC8 Feb 2022Crl.MC/5241/2021

Case brief

AI extract

What is this about?

The High Court of Kerala quashed criminal proceedings in Crime No. 673/2021 involving allegations of cheating by accused petitioners. The court noted that the matter was settled out of court, confirmed by the complainant's affidavit and the Public Prosecutor's statement, and no public interest existed in continuing the case.

What did the court decide?

Further proceedings in Crime no. 673/2021 of Chakkarakkallu police station are quashed.

Sajila Saleem Vs State of Kerala — Quashing and FIR | Kerala HC (2022)

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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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TUESDAY, THE 8^TH DAY OF FEBRUARY 2022 / 19TH MAGHA, 1943

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CRL.MC NO. 5241 OF 2021

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CRIME NO. 673/2021 OF CHAKKARAKKAL POLICE STATION, KANNUR

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PETITIONERS/ACCUSED 1 TO 4:

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1 SAJILA SALEEM AGED 32 YEARS D/O. SALEEM, SAJILA PALACE (H), MUZHAPILANGADE P. O., KANNUR DISTRICT, KERALA, PIN - 670662. 2 SALEEJ SALEEM AGED 39 YEARS S/O. SALEEM, SAJILA PALACE (H), MUZHAPILANGADE P. O., KANNUR DISTRICT, KERALA, PIN - 670662. 3 SALEEL SALEEM AGED 37 YEARS S/O. SALEEM, SAJILA PALACE (H), MUZHAPILANGADE P. O., KANNUR DISTRICT, KERALA, PIN - 670662. 4 LAILA SALEEM M/O. SAJILA K. P., SAJILA PALACE (H), MUZHAPILANGADE P. O., KANNUR DISTRICT, KERALA, PIN - 670662. BY ADV. P.M.AFSAL MOHAMED

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.

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Crl.M.C.No.5241 OF 2021 2

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2 SHAMEEM T. K. AGED 39 YEARS S/O. ABDUL RAHMAN (LATE), SHAMEERA MANZIL (H), PALLIPOYIL, MOWENCHERI P. O., KANNUR DISTRICT, KERALA, PIN – 670613.

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R1 BY SRI. VIPIN NARAYANAN, SENIOR PUBLIC PROSECUTOR R2 BY ADV. R.ROHITH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.5241 OF 2021 3

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ORDER

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Petitioners are the accused in Crime No. 673/2021 of Chakkarakkallu police station in Kannur which was registered on a private complaint forwarded to the police for registering the crime alleging offence under Sections 420, 386, 506 read with 34 of the Indian Penal Code. The allegation is that pretending love with the defacto complainant, the second respondent, the first accused had snatched gold ornaments and money and also a Mercedes Benz car and thus appropriated amount worth Rs. 2 crores from the defacto complainant, thus committed cheating. All the other accused, the brothers and mother of the first accused aided and assisted her in all her illegal acts. The case is now under investigation. Now the petitioners have moved this Court contending that the matter is settled, that the defacto complainant does not want to pursue the proceedings.

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I heard the learned counsel for the petitioners and

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also the learned Senior Public Prosecutor.

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Crl.M.C.No.5241 OF 2021 4

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The learned Senior Public Prosecutor has confirmed

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the settlement reached between the parties. According to him, the defacto complainant is now abroad, however, he has confirmed through WhatsApp, the settlement reached with the petitioners. Annexure A2 affidavit of the second respondent also unambiguously suggests that the dispute is settled, he does not have any subsisting grievance against the petitioners and has no objection in quashing the proceedings in Crime No. 673/2021 of Chakkarakkallu police station.

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The crime was the outcome of personal deals between the petitioners and the second respondent. Now they have settled the matter out of court. No public interest is involved in the case. Therefore, all further proceedings in Crime no. 673/2021 of Chakkarakkallu police station are quashed.

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

Sd/-

K.HARIPAL

JUDGE

DCS/08.02.2022

Crl.M.C.No.5241 OF 2021 5

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APPENDIX

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PETITIONER'S ANNEXURE

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ANNEXURE A1 CERTIFIED COPY OF THE FIR DATED 23.07.2021 IN CRIME NO.673/2021 OF CHAKKARAKKALLU POLICE STATION, KANNUR.

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ANNEXURE A2 AFFIDAVIT DATED 05.08.2021, SOLEMNLY AFFIRMED BY THE 2ND RESPONDENT / DEFACTO COMPLAINANT.

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ANNEXURE A3 A CERTIFIED COPY OF THE COMPLAINT IN C.M.P. NO. 2056/2021 OF CHIEF JUDICIAL MAGISTRATE COURT THALASSERY

Sajila Saleem v. State of Kerala

Case brief

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Sajila Saleem v. State of Kerala

Case brief

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