Kerala High Court
Siraj Mather vs Nelson Manuel Rego on 12 July, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 12TH DAY OF JULY 2024 / 21ST ASHADHA, 1946
CRL.MC NO. 5625 OF 2018
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1371 OF 2015 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I, ALUVA
PETITIONER/ACCUSED NO.3:
K.A. SIRAJ MATHER, HOUSE NO.33/29A, THE PROMENADE,
PAVOOR ROAD, PADIVATTOM, EDAPPALLY P.O,
KOCHI - 682024
BY ADVS.
P.P.RAMACHANDRAN
P. RAHUL
RESPONDENTS/COMPLAINANT AND ACCUSED NOS.1 AND 2/STATE:
1 NELSON MANUEL REGO, S/O SIMON F REGO, C-5 ,14-2-3
SECTOR 5, CBD, NEW BOMBAY-400615, REPRESENTED BY ITS
POWER OF ATTORNEY HOLDER-MRIDULA CHANDY, D/O T.J
CHANDY, KANAPPILLY HOUSE, 3B, SUMMER CASTLE, SWARGAM
ROAD, DESOM, ALUVA
2 MATHER PROJECTS PVT. LTD., REPRESENTED BY ITS CHIEF
EXECUTIVE OFFICER - N. ASOKAN, KODIYATT CHAMBERS,
RAJAJI ROAD, KOCHI - 682 035
3 N. ASOKAN, CHIEF EXECUTIVE OFFICER, MATHER
PROJECTS PVT. LTD., KODIYATT CHAMBERS, RAJAJI ROAD,
KOCHI - 682 035
4 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
BY ADVS.
SRI.SADCHITH.P.KURUP
SRI.RENJITH T.R., SENIOR PUBLIC PROSECUTOR
SRI.C.P.ANIL RAJ
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.5625 of 2018
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
Crl.M.C. No.5625 of 2018
----------------------------------------------
Dated this the 12th day of July, 2024
ORDER
This Criminal Miscellaneous Case is filed to quash all further proceedings in C.C.No.1371/2015 on the file of the Judicial First Class Magistrate Court - I, Aluva.
The above case is filed based on a private complaint filed by the 1st respondent alleging offences punishable under Sections 406 & 420 IPC. Petitioner is the 3 rd accused in the above case.
2. Today, when the matter came up for consideration, the learned counsel appearing for the 1 st respondent, who is the complainant in the above case, submitted that the 1st respondent is not interested in proceeding with the complaint and the matter is settled between the parties. If that be the case, the proceedings against the petitioner need not be Crl.M.C. No.5625 of 2018 3 continued.
Therefore this Criminal Miscellaneous Case is allowed. All further proceedings as against the petitioner in C.C.No.1371/2015 on the file of the Judicial First Class Magistrate Court - I, Aluva are quashed.
Sd/-
P.V.KUNHIKRISHNAN JUDGE DM Crl.M.C. No.5625 of 2018 4 APPENDIX OF CRL.MC 5625/2018 PETITIONER ANNEXURES ANNEXURE P1 CERTIFIED COPY OF THE COMPLAINT IN CC 1317/2015 0 JUDICIAL FIRST CLASS MAGISTRATE COURT -I, ALUVA DATED 07.07.2015.
ANNEXURE P2 TRUE COPY OF THE SWORN STATEMENT OF THE COMPLAINANT IN CC 1371/2015 - JUDICIAL FIRST CLASS MAGISTRATE COURT
- I, ALUVA DATED 20.07.2015. ANNEXURE P3 TRUE COPY OF THE RESIGNATION LETTER GIVEN BY THE PETITIONER TO THE BOARD OF DIRECTORS OF THE 2ND RESPONDENT COMPANY DATED 20.06.2012.
ANNEXURE P4 TRUE COPY OF THE FORM 32 TAKEN FROM THE WEBSITE OF THE REGISTRAR OF COMPANIES DATED 20.06.2012. ANNEXURE P5 TRUE COPY OF THE PLAINT IN OS 96/2015
- SUB COURT, NORTH PARAVUR DATED 06.07.2015.
ANNEXURE P6 TRUE COPY OF THE REVIEW PETITION NO.
163/2018 IN OS 96/2015 BEFORE THE SUB COURT, NORTH PARAVUR DATED 22.01.2018.
RESPONDENTS EXHIBITS: NIL //TRUE COPY// PA TO JUDGE