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Shirly C.M vs State Of Kerala

High Court Of Kerala|16 October, 2014
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JUDGMENT / ORDER

The petitioner herein is the sole accused in Crime No.942 of 2014 of Kannur Town Police Station, registered under Section 381 of Indian Penal Code. Some dispute between an Advocate and his Clerk led to the said crime. The petitioner is the Advocate Clerk. The allegation against her is that without the knowledge and the consent of the Advocate, she took away an amount of ₹ 22,000/- from his office. Now the petitioner seeks order under Section 482 of the Code of Criminal Procedure quashing the F.I.R in Crime No.942 of 2014 on the ground that she and the de facto complainant have settled the whole dispute amicably. 2. The de facto complainant is the 2nd respondent in this proceeding. He has filed an affidavit attested by a Notary Public that he has settled the dispute with the Clerk, and that he has no grievance or complaint now. I am well satisfied that the parties have really come to terms, and continuance of further proceedings in the crime will cause Crl.M.C No.5840 of 2014 2 hardship to both sides. When there is amicable settlement out of court, continuance of prosecution will not serve any purpose.
In the result, this petition is allowed. The F.I.R and further proceedings in Crime No.942 of 2014 of Kannur Town Police Station, as against the petitioner herein will stand quashed under Section 482 of the Code of Criminal Procedure, and the petitioner will stand released from such proceedings.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge
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Title

Shirly C.M vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
16 October, 2014
Judges
  • P Ubaid
Advocates
  • Sri
  • Kumar