Crl.M.C.No.647/2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
CRL.MC NO. 647 OF 2020
AGAINST THE ORDER/JUDGMENT IN CC 2142/2018 OF ADDITIONAL CHIEF
JUDICIAL MAGISTRATE (E&O),ERNAKULAM
PETITIONER/ACCUSED:
M.X.GEORGE,
AGED 53 YEARS,
S/O.XAVIER, MANAKKAL HOUSE NEAR PASSPORT OFFICE,
PANAMBILLY NAGAR, ERNAKULAM VILLAGE,
ERNAKULAM DISTRICT.
BY ADVS.
K.N.CHANDRABABU
SRI.B.SREEKUMAR THATTARATH
RESPONDENT/STATE/DE FACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, 682 031.
2 ALWIN JACKSON,
S/O.GRIGARY, KOILPARAMBIL HOUSE, EMPARET,
PARIYARAM VILLAGE, THALIPARAMBU TALUK,
KANNUR DISTRICT 670 503.
R1 BY PUBLIC PROSECUTOR SMT. NIMA JACOB
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.647/2020 2
JUDGMENT
The petitioner is the accused in Crime No.566 of 2017 of Ernakulam Town South Police Station, which is now pending as C.C.No.2142 of 2018 pending before the Additional Chief Judicial Magistrate Court (Economic Offence), Ernakulam. The offences alleged against the petitioner are under Sections 406 and 420 IPC.
2. The allegation against the petitioner is that, he collected an amount of Rs.1,99,900/- (Rupees one lakh ninety nine thousand nine hundred only) from the 2nd respondent/de facto complainant, offering a building owned by the petitioner herein for rent. But after accepting the said amount the building was not provided to him. Annexure-A1 is the FIR and Annexure-A2 is the final report submitted by the police. This Crl.M.C. is filed for quashing all further proceedings pursuant thereof.
3. Heard Sri.K.N.Chandrababu, learned counsel for the petitioner, Smt.Nima Jacob, learned Public Prosecutor and Sri.K.B.Rajesh, learned counsel for the 2nd respondent.
4. Prayer for quashing the proceedings is sought mainly on Crl.M.C.No.647/2020 3 the ground that the dispute between the parties has been settled. Annexure-A4 agreement executed between the petitioner and de facto complainant is filed along with this Crl.M.C. to substantiate the settlement. In the said agreement, the 2 nd respondent/de facto complainant had specifically acknowledged the aforesaid settlement and also conveyed the no-objection to quash the proceedings against the petitioners herein. The learned counsel appearing for the 2nd respondent/de facto complainant also confirms the same. The learned Public Prosecutor, upon instructions, submitted that the Station House Officer concerned has verified the veracity of the same and found it to be genuine.
5. The allegations would reveal that the dispute is purely private in nature. In such circumstances, by applying the principles laid down by the Honourable Supreme Court in Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303], proceedings can be quashed by invoking the powers of this Court under Section 482 Cr.P.C. This is particularly because, on account of the settlement, no fruitful purpose would be served by allowing the prosecution to continue.
In the result, this Crl.M.C. is allowed, and Annexure-A2 final Crl.M.C.No.647/2020 4 report submitted in Crime No.556 of 2017 of Ernakulam Town South Police Station and all further proceedings in C.C.No.2142 of 2018 on the file of the Judicial First Class Magistrate Court (EO), Ernakulam, against the petitioner are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE DG/10.6.22 Crl.M.C.No.647/2020 5 APPENDIX OF CRL.MC 647/2020 PETITIONER ANNEXURES ANNEXURE A1 A TRUE COPY OF THE FIRST INFORMATION REPORT NO. 566/2017, ERNAKULAM TOWN SOUTH POLICE STATION.
ANNEXURE A2 A TRUE COPY OF THE C.C. 2141/18 CERTIFIED COPY OF THE FINAL REPORT IN C.C. NO.
2141/2018 PENDING ON THE FILE OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE (EO), ERNAKULAM.
ANNEXURE A3 A TRUE COPY OF THE AFFIDAVIT FILED BY THE DEFACTO COMPLAINANT THROUGH HIS COUNSEL. ANNEXURE A4 AGREEMENT ON 10.11.2017 THE DEFACTO COMPLAINANT RECEIVED THE ENTIRE AMOUNT OF RS. 2,00,000/- FROM THE PETITIONER AND NO FURTHER DISPUTE WITH REGARDS TO THIS TRANSACTION.