Ashok Kumar vs State Of Kerala
2021 Latest Caselaw 20093 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                        THE HONOURABLE MR. JUSTICE K.HARIPAL
               FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
                                 CRL.MC NO. 2936 OF 2021
         (IN CRIME NO. 152 OF 2017 OF KUMALY POLICE STATION, IDUKKI DISTRICT)
AGAINST THE ORDER/JUDGMENT IN CC 629/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,
                                    PEERUMEDU, IDUKKI
PETITIONER/ACCUSED:


             ASHOK KUMAR
             AGED 34 YEARS
             S/O. RAMACHANDRAN, POURNIMA VEEDU, ELAKULLAGARA, PONKUNNAM,
             KANJIRAPPALLY, KOTTAYAM 686 507

             BY ADV M.R.SASITH



RESPONDENTS/STATE/DEFACTO COMPLAINANT:


     1       STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
             ERNAKULAM PIN 682 031

     2       SIRGUNAN
             AGED 33 YEARS
             S/O. K SANKER, KRISHNABHAVAN, KUTHUKALSSERI BHAGAM, ANAVILASAM,
             KUMALY, IDUKKI 685 509

             BY ADV RAJITHA V.K




             SR.PP - SRI. NOUSHAD




      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.09.2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.M.C.No.2936 of 2021
                                     2

                                   ORDER

Petitioner is the sole accused in crime No. 152 of 2017 of

Kumaly police station, which was registered alleging offence

punishable under Sections 406 and 420 of the IPC., on the basis of the

First Information Statement given by Sirgunan, who is the 2 nd

respondent.

2. The allegation is that petitioner had taken Maruti 800 car

bearing registration No. KL-69-1669 from the defacto complainant on

the promise that he would remit the balance cash credit amount; the

said transaction was on 20.11.2014. But he failed to remit the amount

and then tried to dispose of the case and thus alleging offence under

Sections 406 and 420 of the IPC the crime was launched by the 2 nd

respondent. On conclusion of investigation, charge sheet has been laid

before the Judicial First Class Magistrate Court-II, Peerumedu, where

the case is pending as C.C. NO. 629 of 2017. Now the petitioner,

accused has moved this Court under Section 482 of the Cr.P.C., seeking

to quash the proceedings on the premise that the dispute with the 2 nd

respondent stands settled.

3. I heard the learned counsel for the petitioner and also the

learned Senior Public Prosecutor.

Crl.M.C.No.2936 of 2021

4. My attention has been drawn to Annexure-3 affidavit filed by

the 2nd respondent where it is explicitly made clear that the matter is

settled between the parties and that the 2 nd respondent does not want to

pursue the proceedings.

5. Evidently it was a deal touching the transaction of a car which

stands settled. It was a personal private dispute between the parties

which has been settled out of Court and the 2 nd respondent does not

want to prosecute the petitioner. In the light of the such a settlement

there is no purpose in continuing the proceedings in C.C.No. 629 of

2017 pending before the Judicial First Class Magistrate Court II,

Peerumedu. Entire proceedings in C.C. NO. 629 of 2017 are here by

quashed under Section 482 of the Cr.P.C.

Criminal Miscellaneous Case is allowed as above.

Sd/-

K.HARIPAL JUDGE RMV/24/09/2021 Crl.M.C.No.2936 of 2021

APPENDIX OF CRL.MC 2936/2021

PETITIONER ANNEXURE

Annexure A1 TRUE COPY OF THE FIR IN CRIME NO. 0152/2017 OF KUMALY POLICE STATION

Annexure A2 TRUE COPY OF FINAL REPORT IN CC 629/17 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, PEEERUMADE

Annexure A3 AFFIDAVIT SWORN BY THE 2ND RESPONDENT.