Abeed Syed vs State Of Kerala
2021 Latest Caselaw 13545 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR. JUSTICE ASHOK MENON
  THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                     CRL.MC NO. 2072 OF 2021
    AGAINST THE ORDER/JUDGMENT IN CC 67/2019 OF JUDICIAL
        MAGISTRATE OF FIRST CLASS, KODUNGALLUR, THRISSUR
PETITIONERS/A1 & A2:
    1     ABEED SYED, AGED 51 YEARS
          S/O.P.S.ANWAR, VADAKKAYIL HOUSE, VALAPAD P.O.,
          THRISSUR - 680 567.

    2      FATHIMA ANWAR, AGED 83 YEARS
           W/O.P.S.ANWAR, VADAKKAYIL HOUSE, VALAPAD P.O.,
           THRISSUR - 680 567.

           BY ADVS.
           A.BALAGOPALAN
           SRI.A.RAJAGOPALAN
           SRI.M.N.MANMADAN
           SRI.M.S.IMTHIYAZ AHAMMED
           SMT.P.SEENA


RESPONDENTS/STATE & DEFACTO COMPLAINANT:
    1     STATE OF KERALA
          REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
          OF KERALA, ERNAKULAM.

    2      JANSI P.A., AGED 43 YEARS
           D/O.VEERANKUTTY, B-54, JALAVAYU VIHAR, PANAMPILLY
           NAGAR, ERNAKULAM - 682 036.

           BY ADVS.
           SRI.B.N.SHIVSANKAR FOR R2
           SMT.ARCHANA HARIDAS K.
           SRI.TINU T.JOSEPH


OTHER PRESENT:
          SRI.M.R.DHANIL, PP


THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Crl.MC 2072/2021
                                          2




                                 ASHOK MENON, J.
                   ------------------------------------
                            Crl.MC No.2072 of 2021
               -------------------------------------
                      Dated this the 1st day of July, 2021


                                    ORDER

The petitioners are accused Nos.1 and 2 in Crime

No.756/2017 of Valappad Police Station for having allegedly

committed offences punishable under Sections 406, 420, 468

and 506 read with Section 34 IPC. The petitioners are son and

mother and the de facto complainant is the second

respondent, who was allegedly cheated.

2. The petitioners state that the matter has been

amicably settled and that the entire proceedings as against

them in the case may therefore be quashed. The final report Crl.MC 2072/2021

has also been filed and the matter is presently pending before

the Judicial First Class Magistrate's Court, Kodungalloor as CC

No.67/2019.

3. Heard the learned counsel for the petitioners, the

learned counsel appearing for the second respondent and the

learned Public Prosecutor.

4. The learned Prosecutor has obtained instructions

from the investigating officer to the effect that the matter has

been settled. The second respondent has no objection against

the matter being quashed, since the entire disputes between

the petitioners and her have been amicably settled.

5. In view of the above, the Crl.MC is allowed and the

entire proceedings as against the petitioners herein in Crime Crl.MC 2072/2021

No.756/2017 of Valappad Police Station pending as CC

No.67/2019 on the files of the Judicial First Class Magistrate's

Court, Kodungalloor stand quashed under Section 482 Cr.PC

and the petitioners/accused are discharged.

Sd/-

ASHOK MENON JUDGE jg Crl.MC 2072/2021

APPENDIX OF CRL.MC 2072/2021

PETITIONER ANNEXURE

ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.67/2019 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KODUNGALLUR.

ANNEXURE A2 ORIGINAL AFFIDAVIT OF THE 2ND RESPONDENT DATED 3/04/2021.

ANNEXURE A3 COPY OF THE MEMORANDUM OF AGREEMENT DATED 3.4.2021 BETWEEN THE PETITIOENRS AND R2.