IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
CRL.MC NO. 3399 OF 2022
AGAINST THE ORDER/JUDGMENT IN LP 32/2009 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -I,ATTINGAL
PETITIONER/ACCUSED:
VENUGOPAL, AGED 60 YEARS, CHAIKOTTUVEEDU, MUDAKKAL
PANCHAYAT ,KORANI PO ATTINGAL,THIRUVANANTHAPURAM, PIN -
695104
BY ADVS.
AMALA.J.RAJ
BALAMURALI K.P.
RAJU GEORGE (KARUVATTA)
SHABNA RAHIM
PRASANTH N.L.
RESPONDENTS/STATE:
1 STATE OF KERALA, PUBLIC PROSECUTER , HIGH COURT OF
KERALA,COCHIN,, PIN - 682018
2 STATION HOUSE OFFICER (SHO),ATTINGAL POLICE STATION,
ATTINGAL PO,THIRUVANANTHAPURAM., PIN - 695101
3 SUGATHAN, S/O.SADASHIVAN, AGED 52 YEARS, KAILATHUKONAM
,KALLUPURATHUVEEDU, VEILOOR VILLAGE,THIRUVANANTHAPURAM,,
PIN - 695104
BY ADV S.JAYANT
Adv Sudheer Gopalakrishnan-PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2
Crl.M.C No.3399 of 2022
ORDER
The petitioner is the accused in Crime No.817/2005 of Attingal Police Station which is now pending as L.P 32/2009 on the file of the Judicial First Class Magistrate Court-I, Attingal. The offence alleged against the petitioner is punishable under Section 420 of Indian Penal Code.
2. The prosecution case is that, on 25.10.2002 and on 27.1.2002, the petitioner had collected an amount of Rs. 60,000/- from the 3rd respondent herein by offering him a job. Later, the petitioner did not provide any job and the money was also not repaid. Annexure-A1 is the FIR registered and Annexure-A2 is the final report submitted by the Police. This Crl.M.C is filed for quashing all further proceedings pursuant thereto.
3. Heard Sri. Balamurali K.P, the learned counsel appearing for the petitioner, Sri. Sudheer Gopalakrishnan, the learned Public Prosecutor appearing for the State and Sri. S.Jayan, the learned counsel appearing for the 3rd respondent.
4. The prayer for quashing the above proceedings is sought for by the petitioner on the ground that, the dispute 3 Crl.M.C No.3399 of 2022 between the parties has been settled and to substantiate the same, the defacto complainant/3rd respondent has sworn Annexure-A3 affidavit. The aforesaid affidavit indicates that, the matter has been settled and the 3rd respondent has no subsisting grievance against the petitioner herein. He has also conveyed that he has no objection in quashing the proceedings against the petitioner herein. The learned counsel for the 3 rd respondent/defacto 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 3 rd respondent has reiterated that, he does not have any objection in quashing the proceedings as he has no subsisting grievance against the petitioner 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 petitioner herein were allowed to continue. In such circumstances, the chances of a successful prosecution are very bleak. Therefore, I am of the view 4 Crl.M.C No.3399 of 2022 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. All further proceedings pursuant to Annexure-A2 final report and all other proceedings in Crime No.817/2005 of Attingal Police Station which is now pending as L.P 32/2009 on the file of the Judicial First Class Magistrate Court-I, Attingal as against the petitioner are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A JUDGE rpk 5 Crl.M.C No.3399 of 2022 APPENDIX OF CRL.MC 3399/2022 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE FIR IN CRIME NO.817/2005 DATED18/07/2005 Annexure A2 TRUE COPY OF THE FINAL REPORT DATED 27/10/2005 IN LP NO.32/2009 (CC NO.1205/2005) Annexure A3 ORIGINAL AFFIDAVIT SWORN BY THE 3RD RESPONDENT/DEFACTO COMPLAINANT DATED 20/05/2022