Allowed

P. Salimkhan v. Herchan Lawrence D’Cruz

Kerala HC18 Sept 2023Crl.Rev.Pet/493/2023

Case brief

AI extract

What is this about?

In a criminal revision petition under Section 245 CrPC, the High Court allowed the petition and discharged the accused following a settlement arrived at between the complainant and the accused regarding a private complaint for offences under Sections 406 and 420 IPC.

What did the court decide?

Criminal Revision Petition allowed; petitioner discharged from proceedings in C.C. No. 1301 of 2020.

P. Salimkhan Vs Herchan Lawrence D’Cruz — Civil Procedure and Limitation | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶4

MONDAY, THE 18^TH DAY OF SEPTEMBER 2023/ 27TH BHADRA, 1945

¶5

CRL.REV.PET NO. 493 OF 2023

¶6

AGAINST THE ORDER/JUDGMENT CMP 1632/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,THIRUVANANTHAPURAM

¶7

REVISION PETITIONER/PETITIONER/ACCUSED:

¶8

P. SALIMKHAN, AGED 74 YEARS, S/O. PEERUKHAN, RESIDING AT PUNNAMOODU HOUSE, ELAMKULAM JUNCTION, KALLAMPALLY, MEDICAL COLLEGE P.O., SREEKARYAM, THIRUVANANTHAPURAM., PIN - 695011

¶9

BY ADVS. SAIJO HASSAN BENOJ C AUGUSTIN RAFEEK. V.K. AATHIRA SUNNY NIKITA J. MENDEZ P.VIJAYA BHANU (SR.)(K/421/1984)

¶10

RESPONDENTS/RESPONDENT/COMPLAINANT AND STATE:

¶11

1 HERCHAN LAWRENCE D'CRUZ, S/O. LAWRENCE D'CRUZ, THYVILAKAM HOUSE, VALIYAVELI, PALLITHURA P.O., THIRUVANANTHAPURAM, PIN - 695586 2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY ADVS. SRI.ABHIJETT LESSLI FOR R1. SRI.C.S.SUMESH(K/1159/2005)FOR R1. SMT.SEENA C., PUBLIC PROSECUTOR FOR R2.

¶12

THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Crl.R.P. No.493/2023

: 2 :

N. NAGARESH, J.

---------------------------------------------------

¶17

Crl.R.P. No.493 of 2023

¶18

---------------------------------------------------

¶19

Dated this the 18^th day of September, 2023

¶20

ORDER

¶21

The revision petitioner is accused in C.C. No.1301 of 2020 on the files of the Judicial First Class Magistrate’s Court-I, Thiruvananthapuram. The proceedings are based on a private complaint alleging offences under Sections 406 and 420 IPC.

¶22

The revision petitioner sought discharge which application was rejected by the learned Magistrate.

¶23

On 27.07.2023, this case came up for hearing and the parties expressed desire to settle the matter through mediation. Accordingly, the matter was referred to the District Mediation Centre, Thiruvananthapuram. The Co-ordinator (Sub Judge of the District Mediation Centre, Thiruvananthapuram)

¶24

Crl.R.P. No.493/2023

¶25

: 3 :

¶26

has now informed that the parties have settled the matter among themselves. A copy of the settlement dated 03.09.2023 is also annexed.

¶27

In view of the settlement arrived at between the parties and since the proceedings are based on a private complaint, I am inclined to allow the Criminal Revision Petition and grant discharge to the revision petitioner.

¶28

In view of the above, the Crl.R.P. is allowed and the petitioner is discharged from the proceedings in C.C. No.1301 of 2020 in the Court of Judicial First Class Magistrate-I, Thiruvananthapuram.

Sd/-

N. NAGARESH

JUDGE

sss

Crl.R.P. No.493/2023

: 4 :

APPENDIX OF CRL.REV.PET 493/2023

¶36

PETITIONER'S ANNEXURES

¶37

ANNEXURE A1	TRUE COPY OF COMPLAINT DATED 24.12.2019 FILED BY THE 1ST RESPONDENT.
ANNEXURE A2	TRUE COPY OF THE ORDER DATED 14.12.2020 OF THE LEARNED JUDICIAL FIRST CLASS
	MAGISTRATE COURT - I IN C.M.P. NO. 10016/2019 IN C.C. NO. 1301/2020.
ANNEXURE A3	TRUE COPY OF THE PETITION DATED
	18.12.2019 FILED BY THE 1ST RESPONDENT/COMPLAINANT BEFORE THE COMMISSIONER OF POLICE.
ANNEXURE A4	TRUE COPY OF THE MEMO DEPOSITING THE AFORESAID AMOUNT OF RS. 4,50,000/- IN
	E.P. NO. 636/2016 IN OP(MV). NO. 809/2008 ALONG WITH THE DEMAND DRAFT FOR THE SAID AMOUNT.
ANNEXURE A5	TRUE COPY OF ORDER DATED 16.11.2020 OF THE LEARNED MOTOR ACCIDENT CLAIMS TRIBUNAL, THIRUVANANTHAPURAM EFFECTING THE DEPOSIT OF THE AFORESAID AMOUNT OF RS.4,50,000/- IN E.A 165/2020 IN E.P. NO. 636/2016 IN O.P.(MV) NO. 809/2008.
ANNEXURE A6	TRUE COPY OF THE DEPOSITIONS OF WITNESS NAMELY PW 1.
ANNEXURE A7	TRUE COPY OF THE DEPOSITIONS OF WITNESS NAMELY PW 2.
ANNEXURE A8	TRUE COPY OF THE DEPOSITIONS OF WITNESS NAMELY PW 3.
ANNEXURE A9	TRUE COPY OF ORDER DATED 04.02.2022 OF THIS HON'BLE COURT IN CRL. M.C. NO. 843 OF 2021, RELEGATING THE PETITIONER TO PROCEEDINGS FOR DISCHARGE UNDER SECTION 245, CR.PC.

¶38

Crl.R.P. No.493/2023

¶39

: 5 :

¶40

ANNEXURE A10 TRUE COPY OF AFFIDAVIT AND PETITION DATED 01.07.2022 FILED AS C.M.P. NO. 1632/2022 FILED BY THE PETITIONER FOR DISCHARGE OF THE PETITIONER IN C.C. NO. 1301/2020.

P. Salimkhan v. Herchan Lawrence D’Cruz

Case brief

What is this about?

What did the court decide?

P. Salimkhan v. Herchan Lawrence D’Cruz

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Muhammed Ismail Kunju Vs Jyothi

Thressiamma Simon Vs State of Kerala

Dr.K.E.Eapen Vs Vishnu Raj IAS

Abhinandh, Vs State of Kerala

Ajay @ Ajayan, Vs State of Kerala

Mini I. Vs Principal Secretary