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Naseer vs State Of Kerala

High Court Of Kerala|25 November, 2014
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JUDGMENT / ORDER

The petitioners herein are the three accused in Crime No. 725/2014 of the Pothanikad Police Station. The said crime was registered under Section 420 read with 34 IPC, on the complaint of one Salim. The petitioners now seek orders quashing the prosecution, on the ground that they and the complainant have settled the dispute amicably. The defacto complainant, Salim is the 2nd respondent herein. On a perusal of the materials, I find that the transaction is in fact a borrowal transaction. It appears that as a shortcut, the complainant brought a complaint alleging cheating. Any way, Annexure-B agreement between the parties shows that they have come to terms amicably, and that the complainant has no grievance or complaint. In the above circumstances, I find that continuance of further proceeding in the crime will cause harm and hardship to both sides. In the result, this Crl.M.C. is allowed. The FIR and further proceedings in crime No.725/2014 of the Pothanikad Police Crl.M.C. No. 6636 of 2014 2 Station will stand quashed under Section 482 Cr.P.C.
Sd/-
P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE
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Title

Naseer vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
25 November, 2014
Judges
  • P Ubaid
Advocates
  • Sri
  • V A Ajivas