Aboobacker v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 16TH DAY OF OCTOBER 2015/24TH ASWINA, 1937 Crl.MC.No. 6425 of 2015 () --------------------------- CC.NO. 11/2015 OF CHIEF JUDICIAL MAGISTRATE COURT, MANJERI CRIME NO. 755/2013 OF MANJERI POLICE STATION, MALAPPURAM DISTRICT -------------- PETITIONERS/ACCUSED :
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1. ABOOBACKER P.T., PULICKA THODIYIL HOUSE, THUDIMUTTY, BHOODANAM MALAPPURAM DISTRICT.
2. ALI P.T., S/O.ABDU, PULICKA THODIYIL HOUSE, THUDIMUTTY BHOODANAM, MALAPPURAM DISTRICT.
BY ADV. SRI.P.SHAMSUDIN RESPONDENT/STATE :
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031.
2. SREE GOKULAM CHIT & FINANCE CO. PVT.LTD. NO.66 ARCOT ROAD, CHENNAI-24, REPRESENTED BY ASHOKAN V.A. AGED 50 YEARS, S/O.RAMUNNI, ASSISTANT BUSINESS MANAGER. R1 BY PUBLIC PROSECUTOR SMT. P. MAYA R2 BY ADV. SRI.JITHIN LUKOSE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/-
Crl.MC.No. 6425 of 2015 () -------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :
--------------------------------------------- ANNEXURE-A1:
TRUE COPY OF THE FIR AND CHARGE SHEET IN CRIME NO.755/2013 OF MANJERI POLICE STATION.
ANNEXURE-A2:
THE AFFIDAVIT DATED 19.09.2015 OF THE 2ND RESPONDENT (DE-FACTO COMPLAINANT).
RESPONDENT(S)' ANNEXURES : NIL ---------------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn
B. KEMAL PASHA, J.
................................................................ CRL. M.C. No. 6425 of 2015 ............................................................... Dated this the 16th day of October, 2015
O R D E R
Petitioners are the accused in Crime No.755/2013 of the Manjeri Police Station, which is presently pending as C.C.No.11 of 2015 on the file of the Chief Judicial Magistrate's Court, Manjeri, registered for the offences punishable under Sections 468, 471 and 420 IPC read with Section 34 IPC. This is a matter relating to a chitty transaction. According to the petitioners, the matter has been amicably settled between them and the defacto complainant, who is the 2nd respondent.
2.
The defacto complainant has filed an affidavit stating that the matter has been amicably settled and presently the 2nd respondent has no complaints against the
CRL.M.C.No. 6425 of 2015 -: 2 :- petitioners. In view of the settlement in the matter, especially when it was only a money transaction, this Court is of the view that no purpose would be served in proceeding with the matter further. Therefore, all further proceedings in C.C.No.11/2015 of the Chief Judicial Magistrate's Court, Manjeri in Crime No.755/2013 of the Manjeri Police Station are liable to be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings in C.C.No.11/2015 of the Chief Judicial Magistrate's Court, Manjeri in Crime No.755/2013 of the Manjeri Police Station are hereby quashed.
Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge