P.A.H. Siddique vs The State Of Kerala
2021 Latest Caselaw 21104 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR. JUSTICE K.HARIPAL
    WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                     CRL.MC NO. 4487 OF 2018
     CC 46/2015 OF CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM
           OS 88/2015 OF PRINCIPAL SUB COURT, ERNAKULAM
PETITIONER/ACCUSED NO. 5 IN CC 46/2015 OF CJM, ERNAKULAM:

          P.A.H. SIDDIQUE
          AGED 50 YEARS
          S/O. AHAMMED HAJI, KOTTILIL (H),
          MANGARA P.O., PALAKKAD - 678 613.
          REP BY ADDITIONAL DIRECTOR
          M/S. MATHER PROJECTS PVT. LTD.

          BY ADV. SRI.PRAVEEN K. JOY


RESPONDENTS/STATE AND COMPLAINANT IN CC 46/2015:

    1     THE STATE OF KERALA
          BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA,
          ERNAKULAM
          REP. BY SI OF POLICE,
          ERNAKULAM CENTRAL POLICE STATION.

    2     A.T.SAINDUDHEEN, AGED 63 YEARS
          S/O. SULAIMAN RAWTHER, B11,
          2ND FLOOR, PAMPOSH ENCLAVE,
          NEW DELHI - 110048

          R1 BY SRI. HRITHWIK C.S., SENIOR PUBLIC PROSECUTOR
          R2 BY SRI.S.SUJETH



     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.10.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.4487 OF 2018             2




                                 ORDER

Petitioner is the fifth accused in C.C. No. 46/2015 pending

before the Chief Judicial Magistrate's Court, Ernakulam which

was taken on file on the basis of the final report in Crime No.

953/2014 of Central Police Station, Ernakulam where offence

under Sections 420, 506 read with 34 of the IPC is alleged

against the petitioner and others. There are five accused in the

final report. Contending that the matter stands settled with the

second respondent who is the defacto complainant and the first

witness in the charge sheet, the petitioner wants to quash the

proceedings under Section 482 of the Code of Criminal

Procedure.

2. I heard the learned counsel for the petitioner and also

the learned Senior Public Prosecutor.

3. Annexure 6 copy of affidavit dated 04.04.2017 has

also been produced where the second respondent has confirmed

that the matter is settled. It is submitted that the original affidavit

has been submitted before this Court in Crl.M.C. No. 2089/2016.

My attention has been drawn to Annexure 1 order dated

11.01.2018 where the case against four other accused persons

stands quashed by this Court in Crl.M.C. No. 2089/2016. That

means the case stands settled with the second respondent, the

defacto complainant. In the circumstance, no purpose can be

served by continuing the proceedings against the petitioner also.

4. In the result, entire proceedings in C.C. No. 46/2015

pending before the Chief Judicial Magistrate's Court, Ernakulam

are hereby quashed and the petitioner shall stand exonerated.

The Crl.M.C. is allowed as above.

SD/-

K.HARIPAL

JUDGE

DCS/21.10.2021

APPENDIX

PETITIONER'S ANNEXURES

ANNEXURE 1: COPY OF THE JUDGMENT IN CRL.M.C 2089/2016 OF THIS HON'BLE COURT.

ANNEXURE 2: COPY OF THE FINAL REPORT IN CC 46/15 OF CJM, ERNAKULAM IN CRIME 953/14 OF CENTRAL POLICE STATION.

ANNEXURE 3: COPY OF THE PLAINT IN OS 88/15 OF SUB COURT, ERNAKULAM.

ANNEXURE 4: COPY OF THE WRITTEN STATEMENT IN OS 88/15 OF SUB COURT, ERNAKULAM.

ANNEXURE 5: COPY OF THE FIR 1901/2013 DATED 13/9/2013 OF CENTRAL POLICE STATION.

ANNEXURE 6: COPY OF THE AFFIDAVIT DATED 04.04.2017 BY THE SECOND RESPONDENT BEFORE CJM, ERNAKULAM