The High Court quashed the FIR and all further proceedings filed against the petitioner for cheating under Section 420 IPC, relying on a verified settlement agreement between the petitioner and the de facto complainant.
The Criminal Misc. Case (Crl.M.C. No. 786/22) allowed; the FIR in Crime No. 84 of 2021 and all further proceedings against the petitioner 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.
Crl.M.C.No.786/22
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
MONDAY, THE 12TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944
CRL.MC NO. 786 OF 2022
CRIME NO.84/2021 OF Ernakulam North Police Station,
Ernakulam
PETITIONER:
M.K SOMAN,
AGED 65 YEARS,
SOMANS LEISURE TOURS INDIA PVT LTD, 1ST FLOO, HOLY TUESDAY SHOPPING MALL, KALOOR, KOCHI, PIN – 682 017.
BY ADV.MANU ROY
RESPONDENTS:
HOUSE NO-40, SANTHI NAGAR, GLASS FACTORY ROAD, KALAMASSERY, ERNAKULAM, PIN – 683 104.
BY ADVS.
Sri.M.P.PRASHANTH, PUBLIC PROSECUTOR Bindu K N
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.786/22
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O R D E R
Petitioner is the accused in Crime No.84 of 2021 of Ernakulam Town North Police Station, which was registered for the offences punishable under Section 420 IPC.
Crl.M.C.No.786/22 3
and also conveyed the no-objection to quash the proceedings against the petitioner herein. The learned counsel appearing for the 2nd respondent/de facto complainant 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.
In the result, this Crl.M.C. is allowed, and Annexure-A1 FIR submitted in Crime No.84 of 2021 of Erankulam Town South Police Station and all further proceedings pursuant thereto against the petitioner are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/13.12.22
Crl.M.C.No.786/22
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APPENDIX OF CRL.MC 786/2022
PETITIONER ANNEXURES
Annexure-1 COPY OF THE FIR Annexure-2 AFFIDAVIT FILED BY THE 2ND RESPONDENT
2 issues framed by the court
Whether criminal proceedings under Section 420 IPC arising from a private dispute can be quashed upon settlement.
Whether the settlement affidavit substantiated by the complainant justifies quashing the FIR under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherApplied¶31
Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] · Who else cites this
2 provisions across 2 enactments
M.K Soman
State of Kerala
Dr. Sobhana Lekshmi
Ziyad Rahman A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Ziyad Rahman A.A.
Parties & counsel
