Allowed

Padmakumar v. State of Kerala

Kerala HC3 Oct 2023Crl.MC/3618/2023

Case brief

AI extract

What is this about?

Petitioners, accused in offences under IPC Sections 324, 447, 427, 294(b), 498A, sought quashing of criminal proceedings. The court allowed the petition quashing proceedings due to settlement and lack of public interest.

What did the court decide?

Proceedings in C.C. No.561/2018 on the file of the Judicial First Class Magistrate Court, Karunagappally (Crime No.2765/2016 of Ochira police station) are quashed against the petitioners.

Padmakumar Vs State of Kerala — Cheating and Forgery | Kerala HC (2023)

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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 GOPINATH P.

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TUESDAY, THE 3RD DAY OF OCTOBER 2023 / 11TH ASWINA, 1945

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CRL.MC NO. 3618 OF 2023

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AGAINST THE ORDER IN CC 561/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, KARUNAGAPPALLY

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PETITIONERS/ACCUSED NOS.1 AND 2:

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1 PADMAKUMAR

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AGED 40 YEARS, S/O. PADMAKARAN, AGED 40 YEARS,
BLACHIL HOUSE, VARAVILA MURIYIL, CLAPPANA VILLAGE,
KOLLAM DISTRICT, PIN - 690546

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2INDURAJ
AGED 36 YEARS, S/O. PADMAKARAN, AGED 36 YEARS,
BLACHIL HOUSE, VARAVILA MURIYIL, CLAPPANA VILLAGE,
KOLLAM DISTRICT, PIN – 690546

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BY ADV K.RAKESH

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

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2 THE STATION HOUSE OFFICER OACHIRA POLICE STATION, KOLLAM DISTRICT, PIN 690526

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3 CHITHRA RANI AGED 36 YEARS, D/O. SATHI, THAYYIL THEKKATHIL VEEDU, VARAVILA MURI, CLAPPANA VILLAGE, VARAVILA P.O., KARUNAGAPPALLY, KOLLAM DISTRICT, PIN – 690528

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BY ADV

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SRI.NOUSHAD K.A. - SR.PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C No.3618 of 2023

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.. 2 ..

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O R D E R

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Dated this the 3^rd day of October, 2023

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Petitioners are accused Nos.1 and 2 in Crime No.2765/2016 of Ochira police station, Kollam district, which is now pending as C.C. No.561/2018 on the file of the Judicial First Class Magistrate Court, Karunagappally alleging commission of offences punishable under Sections 324, 447, 427, 294(b), 498A r/w Section 34 of the Indian Penal Code.

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Learned counsel appearing for the petitioners would submit that the entire issues between the petitioners and the 3^rd respondent (the de facto complainant) have been settled. (Learned counsel appearing for the petitioner also refers to Annexure-C affidavit executed by the 3^rd respondent to establish that the entire issues between the petitioners and the 3^rd respondent have been settled and the 3^rd respondent does not intend to continue with the proceedings against the petitioners).

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Learned Public Prosecutor and the learned counsel appearing for the 3^rd respondent affirms that the entire disputes between the petitioners and the 3^rd respondent have been

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Crl.M.C No.3618 of 2023

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.. 3 ..

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settled and that the 3^rd respondent does not wish to continue with the proceedings against the petitioners.

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Having heard the learned counsel appearing for the petitioners, learned Public Prosecutor and the learned counsel appearing for the 3^rd respondent, I am of the view that this Crl.M.C. can be allowed on the ground of settlement. There is no public interest involved in continuing the proceedings against the petitioners. Therefore, in exercise of the jurisdiction vested in this Court under Section 482 of the Code of Criminal Procedure, further proceedings against the petitioners can be quashed on the ground of settlement.

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Accordingly, the Crl.M.C is allowed and all further proceedings in C.C. No.561/2018 on the file of the Judicial First Class Magistrate Court, Karunagappally (Crime No.2765/2016 of Ochira police station, Kollam) will stand quashed as against the petitioner.

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Sd/-

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GOPINATH P. JUDGE

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ded

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Crl.M.C No.3618 of 2023

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.. 4 ..

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APPENDIX OF CRL.MC 3618/2023

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PETITIONER ANNEXURES
Annexure ATRUE COPY OF THE FIR AND FIS IN CRIME
NO.2795/2016 OF THE OACHIRA POLICE
STATION DATED 15-12-2016
Annexure BA TRUE COPY OF THE FINAL REPORT IN
CRIME NO.2795/2016 OF THE OACHIRA
POLICE STATION
Annexure CTHE AFFIDAVIT SWORN TO BY THE 3RD
RESPONDENT DATED, 5-4-2023

Padmakumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Padmakumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

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