Allowed

Devadas v. State of Kerala

Kerala HC7 Jul 2022Crl.MC/664/2022

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AI extract

What is this about?

This judgment allowed a criminal miscellaneous petition filed by an accused to quash prosecution proceedings under Sections 415 and 420 IPC involving alleged cheating for a job visa. The Court relied on a settled case and a police final report to invoke Section 482 Cr.P.C. and quashed the proceedings.

What did the court decide?

Crl.M.C. No. 664/2022 is allowed. Final report (Annexure-3) and pending local prosecution proceedings against the petitioner are quashed.

Devadas Vs State of Kerala — Cheating and Forgery | 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 ZIYAD RAHMAN A.A.

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THURSDAY, THE 7^TH DAY OF JULY 2022 / 16TH ASHADHA, 1944

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CRL.MC NO. 664 OF 2022

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IN LP 32/2020, CHIEF JUDICIAL MAGISTRATE PALAKKAD

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PETITIONER/S:

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DEVADAS, AGED 42 YEARS, PROPRIETOR, AL FAHAD TOURS AND TRAVELS,XII OF 690, LAKSHMI SADAN, IIIRD FLOOR,NEAR H.P.O, COLLEGE ROAD, PALLAKD PALAKKAD, PIN - 678001

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BY ADV V.A.JOHNSON (VARIKKAPPALLIL)

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

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ERNAKULAM, PIN - 682031

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2 MUHAMMED SHAFI, AGED 40 YEARS, SON OF ABOOBECKER, MUDAVANKATTIL HOUSE, THANIYATHUKUNNU,THEKKUMKARA, IRNJALAKKUDA, THRISSUR, THRISSUR, PIN - 680121

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BY ADV UNNI SEBASTIAN KAPPEN

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OTHER PRESENT:

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ADV HRITHIK,PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C.No.664/2022

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ORDER

Dated this the 7^th day of July, 2022

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The petitioner is the accused No.2 in crime No.2304/2012 of Town North Police Station, Palakkad, which is now pending as L.P. No.32/2020 before the Chief Judicial Magistrate's Court, Palakkad. The offences alleged against the petitioner and the 1^st accused are under Sections 415 and 420 of the Indian Penal Code.

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The 1^st accused is no more and his death certificate is produced as Annexure-1. The allegation against the accused is that they, in furtherance of common intention, collected an amount of `20,000/- from the 2^nd respondent/defacto complainant, on a promise to arrange a job visa for him to go abroad and thereby cheated him. Annexure-3 is the final report submitted by the Police. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-3 final report.

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Heard Sri. V.A. Johnson (Varikkappallil), the learned counsel appearing for the petitioner, Sri. C.S. Hritwik, the learned

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Crl.M.C.No.664/2022

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: 3 :

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Senior Public Prosecutor for the State and Sri. Unni Sebastian Kappen, the learned counsel appearing for the 2^nd respondent.

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The prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexure-4 affidavit sworn by the 2^nd respondent is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the 2^nd respondent had specifically acknowledged the aforesaid settlement and also conveyed the no-objection to quash the proceedings against the petitioner herein. The learned counsel appearing for the 2^nd respondent 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

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Crl.M.C.No.664/2022

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: 4 :

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allowing the prosecution to continue.

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In the result, this Crl.M.C. is allowed and Annexure-3 final report submitted in crime No.2304/2012 of Town North Police Station, Palakkad and L.P. No.32/2020 on the files of the Chief Judicial Magistrate's Court, Palakkad, against the petitioner are

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hereby quashed.

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Sd/ZIYAD RAHMAN A.A. JUDGE

ncd/09.07.2022

Crl.M.C.No.664/2022

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APPENDIX OF CRL.MC 664/2022

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PETITIONER ANNEXURES

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Annexure1 TRUE COPY OF THE CERTIFICATE OF DEATH OF 1ST ACCUSED ISSUED BY THE REPUBLIC OF KENYA Annexure2 TRUE COPY OF THE CERTIFICATE DATED 08.09.2021 ISSUED BY THE VILLAGE OFFICER, PALAKKAD-III Annexure3 CERTIFIED COPY OF THE FINAL REPORT IN L.P.NO.32/2020 OF THE COURT OF CHIEF JUDICIAL MAGISTRATE, PALAKKAD Annexure4 AFFIDAVIT SWORN BY THE 2ND RESPONDENT HEREIN EVIDENCING THE AFORESAID FACTUM OF SETTLEMENT

Devadas v. State of Kerala

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Devadas v. State of Kerala

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