Kerala High Court
Siraj Mather vs The State Of Kerala on 20 October, 2021
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. 4482 OF 2018
CC 42/2015 OF CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM
PETITIONERS/ACCUSED 3 & 6 IN C.C. NO. 42/2015 OF CJM, ERNAKULAM:
1 SIRAJ MATHER
AGED 54,
S/O. ABDUL RAHIMAN, NO.33/29,
PALARIVOTTAM, EDAPPILLY,
NORTH VILLAGE, ERNAKULAM.
2 P.A.H. SIDDIQUE
AGED 50, S/O. AHAMMED HAJI,
KOTTILIL (H), MANGARA P.O.,
PALAKKAD - 678613.
REPRESENTED BY ADDITIONAL DIRECTOR
M/S MATHER PROJECTS PVT LTD.
BY ADV. SRI.PRAVEEN K. JOY
RESPONDENT/STATE AND COMPLAINANT IN C.C. 42/2015:
1 THE STATE OF KERALA
BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
REPRESENTED BY SI OF POLICE,
ERNAKULAM CENTRAL POLICE STATION.
2 V.P. SURESH NAIR
S/O.LATE V.N.P. NAIR, BUSINESS,
AGE ABOUT 51 YEARS, RESIDING AT 2001,
BHAVYA CO-OPERATIVE HOUSING SOCIETY LTD.,
55 SECTOR 29, VASHI,
NAVI MUMBAI- 400 703.
R1 BY SRI. HRITHWIK C.S., SENIOR PUBLIC PROSECUTOR
R2 BY ADV. 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.4482 OF 2018 2
ORDER
Petitioners are accused Nos. 3 and 6 in C.C. No.42/2015
pending before the Chief Judicial Magistrate's Court, Ernakulam.
That was a case taken on file on the basis of the final report in
Crime No. 952/2014 of Central police station, Ernakulam where
offence under Sections 420, 506 read with 34 of the Indian Penal
Code is alleged against six accused persons including the
petitioners. That crime was registered on the basis of the First
Information Statement given by CW1 in the charge sheet, who is
the second respondent. Now the petitioners contend that the
matter stands settled between the parties.
2. In support of the contention, Annexure 4, copy of
affidavit dated 04.04.2017 of the second respondent is produced,
where the second respondent has stated that the disputes have
been settled. It has come out that the original affidavit is
produced in Crl.M.C. No. 2090/2016. The order dated
11.01.2018 of this Court in Crl.M.C.No. 2090/2016 shows that
the second respondent had filed an affidavit confirming the
settlement between himself and the accused persons. The
petitioners in Crl.M.C. No. 2090/2016 are the other accused in
C.C. No. 42/2015. In Annexure 1, proceedings against those
petitioners have been quashed taking into account the settlement
reached between the parties. That means, the dispute has been
settled between the petitioners and the second respondent.
3. Therefore, entire proceedings in C.C. No.42/2015
pending before the Chief Judicial Magistrate's Court, Ernakulam
are hereby quashed and the petitioners shall stand exonerated.
The Crl.M.C. is allowed as above.
SD/-
K.HARIPAL
JUDGE
DCS/21.10.2021
APPENDIX
PETITIONER'S ANNEXURE
ANNEXURE 1 THE TRUE COPY OF THE JUDGMENT IN CRL MC
2090/2016 OF THIS HON'BLE COURT.
ANNEXURE 2 THE TRUE COPY OF THE FINAL REPORT IN CC
42/15 OF CJM, ERNAKULAM IN CRIME 952/14 OF
CENTRAL POLICE STATION.
ANNEXURE 3 THE TRUE PHOTOCOPY OF THE PLAINT IN OS
87/15 OF SUB COURT, ERNAKULAM.
