Harikrishnan v. State of Kerala
Case brief
What is this about?
Single accused petitioned to quash cheating proceedings. Court accepted settlement affidavits, applied Section 482 CrPC, and held continuance futile.
What did the court decide?
All proceedings in C.C. No. 926 of 2018 against the petitioner at Judicial First Class Magistrate’s Court-I, Alappuzha are quashed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 1ST DAY OF JULY 2024 / 10TH ASHADHA, 1946
CRL.MC NO. 2116 OF 2024
CRIME NO.1567/2017 OF Alappuzha South Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENT DATED 15.02.2018 IN CC NO.926 OF 2018
OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, ALAPPUZHA
PETITIONER:
HARIKRISHNAN
AGED 25 YEARS
S/O. SANALKUMAR,
HARI NIVAS,
PAZHAVEEDU P.0,
ALAPPUZHA, PIN - 688009
BY ADV MANU ROY
RESPONDENTS:
1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2C.D RADHAKRISHNAN
AGED 55,
S/O. DIVAKARAN,
CHENNATTU VELIYIL HOUSE,
KAITHAVANA,
SANATHANA PURAM P.0,
ALAPPUZHA, PIN - 688003
3YADHU KRISHNAN
AGED 22
C.D RADHAKRISHNAN,
CHENNATTU VELIYIL HOUSE,
KAITHAVANA,
SANATHANA PURAM P.O,
ALAPPUZHA, PIN - 688003
BY ADV DEVADAS H. MALLAN
OTHER PRESENT:
SMT. SREEJA V (PP)
Issues for consideration
2 issues framed by the court
Whether criminal proceedings should be quashed upon settlement between parties under Section 482 CrPC.
Whether the matter involves public interest requiring continuation of proceedings.
Parties & counsel
- petitioner
HARIKRISHNAN
- respondent
STATE OF KERALA
- respondent
C.D RADHAKRISHNAN
- respondent
YADHU KRISHNAN
Coram
Case details
As recorded by the court registry
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