Shameer Ahmed vs State Of Kerala
2022 Latest Caselaw 3703 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                          PRESENT

                       THE HONOURABLE MR. JUSTICE K.HARIPAL

              THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944

                                 CRL.MC NO. 317 OF 2022

 AGAINST THE ORDER/JUDGMENT IN CC 403/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,

                                          KANNUR

PETITIONERS/ACCUSED 1 TO 3:

      1      SHAMEER AHMED
             AGED 28 YEARS
             S/O.NAZIR MANZIL, NEAR FAROOQ COLLEGE, RAMANATTUKARA, KOZHIKODE
             PIN 673 633
      2      ANEESH K
             S/O.DAMODARAN, 11/91C PALLUR, NALUTHURA, MAHE P.O., PIN 673 310
      3      NIYAS N.N.
             S/O.NAZIR, FUSNAS (H), EDAYANOOR, THEROOR, EDAYANOOR P.O., KANNUR, PIN
             670 595
             BY ADVS.
             LAL K.JOSEPH
             P.MURALEEDHARAN (THURAVOOR)
             T.A.LUXY
             SURESH SUKUMAR
             ANZIL SALIM


RESPONDENTS/DE FACTO COMPLAINANT:

      1      STATE OF KERALA
             REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN
             682 031
      2      THE SUB INSPECTOR OF POLICE,
             KANNUR TOWN POLICE STATION, KANNUR, PIN 670 001
      3      JINEES P.A.
             S/O.YOUSUF, P T HOUSE, EDAYANOOR, KANNUR TOWN, KANNUR, PIN 670 595


             SR.PP - SRI. HRITHWIK C.S.



      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.03.2022, THE COURT

ON THE SAME DAY PASSED THE FOLLOWING:
 Crl. M. C. NO. 317 OF 2022
                                        2




                                   O R D E R

Petitioners are the accused in C.C. No.403 of 2018 on the

file of the Judicial First Class Magistrate's Court-I, Kannur

which arose from the final report in Crime No. 788 of 2017 of

Kannur Town police station where offence punishable under

Sections 465, 468, 471 read with Section 34 of the IPC is

alleged against the accused persons. Crime No. 788 of 2017

was registered on 21.08.2017 alleging the above stated

offences on the strength of the First Information Statement

furnished by the 3rd respondent. On conclusion of investigation,

charge sheet has been laid.

2. The allegation is that on 31.08.2016 accused persons

had made the de facto complainant, on behalf of his mother, to

pay an amount of Rs.4,77,714/- for Maruti Celerio car and later

they made the 3rd respondent and his mother to take delivery of

an old car creating false documents and thus the offences were

committed. Now contending that the matter is settled with the

3rd respondent and his mother, the petitioners have moved this Crl. M. C. NO. 317 OF 2022

Court for quashing the proceedings under Section 482 of the

Cr.P.C.

3. I heard the learned counsel for the petitioners and also

the learned Senior Public Prosecutor who has confirmed the

settlement.

4. The affidavit of the 3rd respondent and his mother are

also in place which indicate that the dispute has reached in a

settlement and they do not want to continue the proceedings. It

was a personal and private deal between the petitioners and the

3rd respondent and his mother which stands settled out of Court.

Therefore in the absence of any public interest, entire

proceedings in C.C. No.403 of 2018 on the file of the Judicial

First Class Magistrate's Court-I, Kannur are quashed and the

petitioners shall stand exonerated.

The Criminal Miscellaneous Case is allowed as above.

Sd/-

K. HARIPAL JUDGE RMV/23/03/2022

APPENDIX OF CRL.MC 317/2022

PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FINAL REPORT SUBMITTED BY THE 2ND RESPONDENT Annexure A2 TRUE COPY OF THE COMPROMISE AGREEMENT DATED 7/10/2020 EXECUTED BETWEEN THE MOTHER OF THE 3RD RESPONDENT AND THE DEALER M/S.POPULAR VEHICLES AND SERVICES LTD.

Annexure A3 TRUE COPY OF THE AFFIDAVIT DATED 20.12.2021 SIGNED BY THE 3RD RESPONDENT Annexure A4 TRUE COPY OF THE AFFIDAVIT DATED 20.12.2021 SIGNED BY SMT. RAMLA THE MOTHER OF THE 3RD RESPONDENT

TRUE COPY

P.A.TO JUDGE