IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
CRL.MC NO. 3629 OF 2022
CRIME NO.1270/2008 OF PALLURUTHY POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT IN CC No.139/2019 OF JUDICIAL FIRST
CLASS MAGISTRATE COURT-II, KOCHI
PETITIONERS/ACCUSED 3 & 4:
1 MADANLAL NANA BHAI SURTWALA
AGED 75 YEARS
SON OF NANABHAI,
DIRECTOR, BALAJI SEEDS AND PROCESSING PVT. LTD., D 60,
M.I.D.C., JALGON, MAHARASHTRA STATE, PIN 425003, PIN -
425003
2 NILESH MADANLAL SURATWALA
AGED 41 YEARS
SON OF MADANLAL NANA BHAI SURTWALA,
DIRECTOR, BALAJI SEEDS AND PROCESSING PVT. LTD., D 60,
M.I.D.C., JALGON, MAHARASHTRA STATE,, PIN - 425003
BY ADV S.MURALI
RESPONDENTS/STATE & DE-FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031
2 V.A. AUGUSTINE
AGED 70 YEARS
SON OF ANTONY,
PROPRIETOR, ANTISON ENGINEERING WORKS,
PANCHAYAT ROAD, PALLURUTHY, ERNAKULAM,
KOCHI, PIN - 682006
SRI.SUDHEER GOPALAKRISHNAN, PP
BY ADV P.Y.SHEHEERA FOR R2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 3629 OF 2022
2
ORDER
The petitioners are the accused Nos.3 & 4 in Crime No.1270/2008 of Palluruthy Police Station, which is now pending as C.C.No.139/2019 before the Judicial First Class Magistrate Court-II, Kochi. The offences alleged against the petitioners/accused are punishable under Sections 120(B), 409, 420 r/w Section 34 of the Indian Penal Code.
2. The prosecution case is that the accused persons hatched a criminal conspiracy with an intention to cause financial losses to the 2nd respondent/de-facto complainant, entered into an agreement to purchase a three stage automatic feed Copra Roaster for their coconut oil production unit at a price of Rs.5,36,640/-. Later, they have paid only Rs.4,15,000/- and did not issue 'C' form issued by the Purchaser's Sale Tax Office at Jalgon, which forced the de-facto complainant to pay additional tax for the aforesaid purchase and thereby caused a financial loss of Rs.2,31,715/- to him. Annexure-A1 is the FIR and Annexure-A2 is the final report submitted by the Police. This Crl.MC is filed for quashing all further proceedings pursuant to Annexure A2 as against the petitioners herein.
3. Heard Sri.S.Murali, the learned counsel appearing for the petitioners, Sri.Sudheer Gopalakrishnan, the learned Public CRL.MC NO. 3629 OF 2022 3 Prosecutor appearing for the State and Smt.P.Y.Sheheera, the learned counsel appearing for the 2nd respondent.
4. The prayer for quashing the above proceedings is sought for by the petitioners on the ground that the dispute between the parties has been settled and to substantiate the same, the the de- facto complainant/2nd respondent has sworn Annexure-A4 affidavit. The aforesaid affidavit indicates that the matter has been settled and the 2nd respondent has no subsisting grievance against the petitioners herein. He also conveyed that he has no objection in quashing the proceedings against the petitioners herein. The learned counsel for the 2nd respondent/the de-facto complainant also confirmed the same. The learned Public Prosecutor upon instructions submitted that the veracity of the settlement was verified by the Station House officer concerned and before the SHO also, the 2nd respondent has reiterated that, he does not have any objection in quashing the proceedings as he has no subsisting grievance against the petitioners herein.
5. Going through the materials available on record, it is discernible that, the dispute is basically private in nature and on account of settlement arrived at between the parties, no purpose would be served if the proceedings against the petitioners herein CRL.MC NO. 3629 OF 2022 4 were allowed to continue. In such circumstances, the chances of a successful prosecution are very bleak. Therefore, I am of the view that going by the decision in Gian Singh v. State of Punjab and Another [2012(4) KLT 108], this is a fit case in which the powers of this Court under Section 482 of the Code of Criminal Procedure can be invoked.
Accordingly, this Crl.M.C. is allowed. Annexure-A2 final report in Crime No.1270/2008 of Palluruthy Police Station and all further proceedings in C.C.No.139/2019 pending before the Judicial First Class Magistrate Court-II, Kochi as against the petitioners, who are accused Nos.3 & 4, are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE bng CRL.MC NO. 3629 OF 2022 5 APPENDIX OF CRL.MC 3629/2022 PETITIONERS ANNEXURES Annexure A1 CERTIFIED COPY OF THE F.I.R. NO.1270 DATED 14.11.2008 OF PALLURUTHY POLICE STATION, ERNAKULAM Annexure A2 CERTIFIED COPY OF THE FINAL REPORT DATED 3.3.2009 SUBMITTED BY KOCHI KASBA POLICE IN C.C. NO.139/2019 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOCHI WHICH AROSE FROM CRIME NO.1270/2008 OF KOCHI KASBA POLICE STATION Annexure A3 CERTIFIED COPY OF THE DEATH CERTIFICATE OF 1ST AND 2ND ACCUSED (AS ONE PERSON) DATED 23.12.2016 ISSUED BY GOVERNMENT OF MAHARASHTRA HEALTH DEPARTMENT Annexure A4 ORIGINAL AFFIDAVIT SHOWING THE CONSENT OF 2ND RESPONDENT TO SETTLE THE CASE DATED 2.6.2022