IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
CRL.MC NO. 5360 OF 2021
CRIME NO.1459/2017 OF Palluruthy Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT IN CC 410/2018 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -II, KOCHI
PETITIONER/S:
SOUMESH SURENDRAN
AGED 39 YEARS
S/O.SURENDARN, KALAPURAKKAL HOUSE, ESI ROAD, NEAR
BLUETRONIX, PALLURUTHY, PINCODE-682006, ERNAKULAM.
BY ADVS.
M.B.SOORI
AISWARYA V.S.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM.
2 ABHILASH SUDEVAN
AGED 44 YEARS
S/O.SUDEVAN, SREEKAMAL VEEDU, NIRAMANKARA, KAIMANAM
P.O., NEMOM, PINCODE-695040, TRIVANDRUM.
3 RENA ABHILASH
AGED 36 YEARS
W/O.ABHILASH SUDEVAN, SREEKAMAL VEEDU, NIRAMANKARA,
KAIMANAM P.O., NEMOM, PINCODE-695040, TRIVANDRUM.
BY ADV T.V.SREEJITH
SRI.VIPIN NARAYAN, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
JUDGMENT
The petitioner is the sole accused in Crime No.1459/2017 of Palluruthy KASABA Police Station which is now pending as CC.410/2018 before the Judicial First Class Magistrate Court -II, Kochi. The offences alleged against the petitioner is under section 420 of IPC.
2. The prosecution case is that the petitioner had collected an amount of Rs.72,400/- for the purpose of arranging flight tickets and visa to the second and third respondent for going abroad. Later they did not arrange the visa as promised and the crime was registered in such circumstances. Annexure -A1 is the F.I.R and Annexure A2 is the final report submitted. This Crl.M.C is filed for quashing all further proceedings pursuant to Annexure -A2.
3. Heard Sri. M.B. Soori learned counsel appearing for the petitioner,Sri. Vipin Narayan , learned Public Prosecutor for the state of Kerala, T.V Sreejith Leanerd Counsel appearing for the 2nd and 3rd respondents.
4. Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexures- A3 and A4 affidavits sworn by the respondents 2 and 3 are filed along with this Crl.M.C. to substantiate the settlement. In the said affidavits, the respondents 2 and 3 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 respondents 2 and 3 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.
6. In the result, this Crl.M.C. is allowed, and Annexure-A2 submitted in crime No 1459 of 2017of Palluruthy KASABA Police Station and all further proceedings in C.C.No.410 of 2018 on the file of the Judicial First Class Magistrate Court-II, Kochi against the petitioners are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE KVT .
APPENDIX OF CRL.MC 5360/2021 PETITIONERES ANNEXURES:
Annexure A1 CERTIFIED COPY OF FIR NO.1459/2017 REGISTERED BY THE PALLURUTHY KASABA POLICE STATION. Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.410/2018 PENDING BEFORE THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, KOCHI.
Annexure A3 AFFIDAVIT DATED 29.10.2021 SWORN BY THE SECOND RESPONDENT STATING THE SETTLEMENT OF ALL DISPUTES BETWEEN HIM AND THE ACCUSED IN C.C.NO.410/2018.
Annexure A4 AFFIDAVIT DATED 29.10.2021 SWORN BY THE THIRD RESPONDENT STATING THE SETTLEMENT OF THE DISPUTES BETWEEN HER AND THE ACCUSED IN C.C.NO.410/2018.
RESPONDENTS NIL ANNEXURES :