John T.J vs State Of Kerala
2022 Latest Caselaw 4562 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
     TUESDAY, THE 19TH DAY OF APRIL 2022 / 29TH CHAITHRA, 1944
                      CRL.MC NO. 1092 OF 2022
   AGAINST THE ORDER/JUDGMENT IN CC 599/2019 OF CHIEF JUDICIAL
  MAGISTRATE, KALEPETTA IN CRIME NO.593/2019 OF KALPETTA POLICE
                         STATION, WAYANAD
PETITIONER/ACCUSED:

          JOHN T.J.,
          AGED 63 YEARS
          S/O. JOSEPH,
          THURUTHIKATTIL HOUSE, KALPETTA,
          WAYANAD DISTRICT, PIN - 673121
          BY ADV K.RAKESH


RESPONDENTS/STATE & LEGAL HEIRS OF THE DEFACTO COMPLAINANT:

    1     STATE OF KERALA,
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682031
    2     THE STATION HOUSE OFFICER,
          KALPETTA POLICE STATION,
          WAYANAD DISTRICT, PIN - 673121
    3     ISSAC T.J.,
          S/O. LATE JOSEPH, AGED 59 YEARS,
          THURUTHIKKATTIL HOUSE, KALPETTA POST, KALPETTA AMSOM,
          VYTHIRI TALUK, WAYANAD DISTRICT, PIN - 673121
    4     JAMES JOSEPH, S/O. LATE JOSEPH, AGED 57 YEARS,
          TC 14/1332, OVRA - D-101, PALAYAM, THYCAUD P.O.,
          THIRUVANANTHAPURAM, PIN - 695014
          BY ADV K.S.PRAVEEN
          SMT. M. K .PUSHPALATHA SR,P.P


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.1092/22
                                  2

                             O R D E R

The petitioner is the accused in Crime No.593/2019 of

Kalpetta Police Station and the offences alleged against him are

under Sections 420 of the Indian Penal Code and Section 24 of

the Maintenance and Welfare of Parents and Senior Citizens Act,

2007. The petitioners moved this Court seeking to quash all

further proceedings in C.C.No.599/2019 of C.J.M.Kalpetta,

arising out of Crime No.593/2019 of Kalpetta Police Station,

Wayanad.

2. The allegation is that the accused, who is the eldest

son of the de facto complainant, had obtained money and gold

of Rs.55,52,499/- from him on a promise that he would

purchase land for that amount and later cheated the de facto

complainant by not keeping his words. It is also alleged that

the accused had admitted the de facto complainant in an old

age home and thus deceived and abandoned him and thereby

committed the abovesaid offences.

3. Heard the learned counsel for the petitioner, the Crl.M.C.No.1092/22

learned Public Prosecutor as well as the learned counsel for

respondents 3 and 4.

4. It is submitted by respective counsel that the petitioner

and the respondents have arrived at an amicable settlement and

Annexures C and D are the affidavits filed. The affidavits, inter

alia, state that all the disputes are settled and that the

pendency of criminal proceedings would cause hardship to all

the parties.

5. From the submission across the Bar and perusing the

criminal M.C. and the affidavits referred above, I am satisfied

that there has been an amicable settlement and that there is no

vitiating circumstances in the respondents filing the affidavits.

No purpose will be served by continuing the proceedings in the

above circumstances. It is submitted by the learned Public

Prosecutor that the statement of the de facto complainant has

also been taken to verify the genuineness of the settlement.

6. In view of the judgment of the Hon'ble Supreme Court

in Gian Singh v. State of Punjab and Another [2012 (10) SCC

303] and considering the facts and circumstances of the case Crl.M.C.No.1092/22

and in exercise of power of this Court under Section 482 of the

Code of Criminal Procedure, I hereby quash Annexure B Final

Report and all further proceedings in C.C.No.599/2019 of

C.J.M.Kalpetta, arising out of Crime No.593/2019 of Kalpetta

Police Station, Wayanad against the petitioners.

The Crl.MC is allowed as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE MSP Crl.M.C.No.1092/22

APPENDIX OF CRL.MC 1092/2022

PETITIONER ANNEXURES Annexure A CERTIFIED COPY OF THE F.I.R. ALONG WITH F.I.S. IN CRIME NO.593/2019 OF THE KALPETTA POLICE STATION, DATED, 9-10-

Annexure B A CERTIFIED COPY OF THE FINAL REPORT AND MEMORANDUM OF EVIDENCE IN CRIME NO.593/2019 OF THE KALPETTA POLICE STATION Annexure C AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT DATED 15-1-2022 Annexure D AFFIDAVIT SWORN TO BY THE 4TH RESPONDENT DATED 17-1-2022