Joosa Stephen vs State Of Kerala
2021 Latest Caselaw 22720 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
    FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                        CRL.MC NO. 4136 OF 2016
               CRIME NO.483/2016 OF THUMBA POLICE STATION
        CRL.MC 1030/2016 OF DISTRICT COURT & SESSIONS COURT,
                           THIRUVANANTHAPURAM
PETITIONER:

           JOOSA STEPHEN
           T.C 81/343, KUZHIVILAKOM HOUSE,
           VALIYAVELI P.O., THIRUVANANTHAPURAM

           BY ADV SHAJIN S.HAMEED


RESPONDENTS:

    1      STATE OF KERALA
           REP. BY PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA, ERNAKULAM - 682 031

    2      SUB INSPECTOR OF POLICE
           THUMBA POLICE STATION,
           THIRUVANANTHAPURAM- 695 001

    3      M.M.BASHEER
           SHAHNAS, MARKET ROAD, ATTINGAL,
           THIRUVANANTHAPURAM - 695 001

           BY ADVS.

           SRI.K.S.ARUN KUMAR
           SRI.D.KISHORE
           PP-SRI.SUDHEER GOPALAKRISHNAN


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 4136 OF 2016
                                     2

                                   ORDER

The petitioner is the sole accused in crime No.483/2016 of

Thumba Police Station, which is registered against him for the offences

punishable under Sections 406 and 420 IPC. Annexure A1 is the FIR

which was registered on the basis of a complaint submitted by the 3 rd

respondent.

2. The prosecution case is that, the petitioner entered into an

agreement with the 3rd respondent for sale of 1 Acre 79 Cents of

property comprised in re survey 144/3-3, 144/2 and 1458/1 of Attipra

Village and an amount or Rs 1,00,00,000 (Rupees One Crore only) was

received as advance. Subsequently the petitioner failed to execute

necessary documents and in such circumstances alleging

misappropriation of amount and cheating, the aforesaid complaint was

filed. It is further pointed out by the petitioner that, in connection with

the same, the 3rd respondent has filed O.S.No.146/2015 before the

Principal Sub Court, Thiruvananthapuram for return of the amount.

This Crl.M.C. is filed seeking to quash Annexure A1 FIR and all further

proceedings pursuant thereto.

3. Now the petitioner reports that the matter has been settled CRL.MC NO. 4136 OF 2016

between the parties amicably in the course of conciliation talks

conducted between them in the Lok Adalat held as part of settlement of

O.S.No.164/2016. Annexure A7 is the Award passed by the Lok Adalat

consequent to the said settlement. On the basis of such settlement, the

3rd respondent has also filed Annexure A9 affidavit acknowledging the

aforesaid settlement and conveying his no objection to quash the

proceedings pursuant to Annexure A1.

4. The learned counsel for the 3rd respondent also

acknowledges the settlement arrived at between the parties.

Considering the fact that the dispute between the parties is purely a

private dispute, the settlement arrived at by the parties as evidenced by

Annexures A7 and A9 can be acted upon for the purpose of terminating

the proceedings pursuant to Annexure A1 prematurely.

Accordingly, this Crl.M.C. is allowed. Annexure A1 FIR in

Crime No.483/2016 of Thumba Police Station and all further

proceedings pursuant there to are hereby quashed.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE scs CRL.MC NO. 4136 OF 2016

APPENDIX OF CRL.MC 4136/2016

PETITIONER EXHIBITS ANNEXURE A1 FIR AND FI STATEMENT IN THUMBA POLICE STATION CRIME 483/16 DATED 1-05-2016 ANNEXURE A2 COPY OF THE ORDER IN CRIMINAL M.C 1030/2016 DATED 4-06-2016 OF THE SESSIONS COURT THIRUVANANTHAPURAM ANNEXURE A3 COPY OF THE PLAINT IN O.S 146/2015 FILED BY THE 3RD RESPONDENT AGAINST THE PETITIONER BEFORE THE PRINCIPAL SUB COURT, THIRUVANANTHAPURAM ANNEXURE A4 COPY OF THE ALLEGED AGREEMENT DATED 12-

05-2015 ANNEXURE A5 COPY OF THE 2ND AGREEMENT DATED NIL(ACCORDING TO HE 3RD RESPONDENT IT IS ALLEGED TO HAVE EXECUTED ON 8-01-2016) ANNEXURE A6 COPY OF CIRCULAR NO.4/2012 OF THE POLICE HEAD QUARTERS NO.4-2012 OF THE POLICE HEADQUARTERS NO.4/2012 DATED 3/2012 ANNEXURE A7 PHOTOCOPY OF THE ORDER DATED 10/04/2021 OF LOK ADALAT, DISTRICT LEGAL SERVICE, THIRUVANANTHAPURAM ALONG WITH THE TERMS OF COMPROMISE.

ANNEXURE A8 PHOTOCOPY OF THE JUDGMENT DATED 22/06/2021 IN O.S.No.164/2016 OF THE 11ND ADDITIONAL SUB JUDGE, THIRUVANANTHAPURAM ANNEXURE A9 AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT/DE FACTO COMPLAINANT.