Plinto Mv vs State Of Kerala
2022 Latest Caselaw 11659 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
  TUESDAY, THE 20TH DAY OF DECEMBER 2022 / 29TH AGRAHAYANA, 1944
                        CRL.MC NO. 7159 OF 2022
   CRIME NO.1083/2021 OF KALAMASSERY POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT IN CC 443/2021 OF JMFC, KALAMASSERY
(TEMPORARY)


PETITIONERS:

    1     PLINTO MV
          AGED 38 YEARS
          AMMU NIVAS, SIVA TEMPLE ROAD, KUMBALAM P.O., ERNAKULAM,
          PIN: 682 506 KUMBALAM VILLAGE, KANAYANNUR TALUK,
          ERNAKULAM DISTRICT, PIN - 682506
    2     VIVEK SASI
          AGED 25 YEARS
          CHOWALLOOR HOUSE, PERANDOOR ROAD,
          ELAMAKKARA, PIN:-682026, EDAPALLY SOUTH VILLAGE,
          KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN - 682026
          BY ADV M.RISHIKESH SHENOY


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682031
    2     THASLEEK V A
          AGED 33 YEARS
          VELIPARAMBIL HOUSE, PARAVANA MUKK,
          MATTANCHERI P.O., THOPPUMPADY, PIN:- 682002
          MATTANCHERRY VILLAGE,
          KOCHI TALUK, ERNAKULAM DISTRICT, PARTNER OF RAK
          INTERIORS, CC 7/379, DARUSSALAM ROAD, MARAKADAVU,
          MATTANCHERRY, KOCHI, PIN :- 682002
          MATTANCHERRY VILLAGE,KOCHI TALUK,
          ERNAKULAM DISTRICT, PIN - 682002
          BY ADVS.
          K.V.KRISHNAKUMAR
          NAVOD PRASANNAN PATTALI(K/1023/C/2010)


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 7159 OF 2022
                                  2



                ZIYAD RAHMAN A.A., J.
          ========================
               Crl.M.C.No. 7159 of 2022
         =========================
       Dated this the 20th day of December, 2022



                              ORDER

The petitioners are the accused Nos.1 and 2 in Crime

No. 1083 of 2021 of Kalamassery Police Station, Ernakulam,

which is now pending as C.C.No.443/2021 on the files of

Judicial First Class Magistrate Court, Kalamassery

(Temporary). The offences alleged against the petitioners

are under Sections 408, 420, 120-B, read with Section 34 of

the Indian Penal Code.

2. The 2nd respondent is the de facto complainant.

Annexure-1 is the FIR and Annexure-2 is the final report

submitted by the police and this criminal M.C. is filed for

quashing all further proceedings in pursuant to Annexure-2

final report.

3. Heard Sri.M Rishikesh Shenoy, the learned

Counsel appearing for the petitioners, Sri. Vipin Narayanan,

the learned Public Prosecutor for the State and CRL.MC NO. 7159 OF 2022

Sri.K.V.Krishnakumar, the learned Counsel appearing for the

2nd respondent/defacto complainant.

4. Prayer for quashing the proceedings is sought

mainly on the ground that the dispute between the parties

has been settled. Annexure-3 affidavit sworn by the 2 nd

respondent/de facto complainant is filed along with this

Crl.M.C. to substantiate the settlement. In the said affidavit,

the 2nd respondent/de facto complainant 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

2nd respondent/de facto complainant 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 CRL.MC NO. 7159 OF 2022

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.

In the result, this Crl.M.C. is allowed, and Annexure-1

FIR submitted in Crime No. 1083 of 2021 of Kalamassery

Police Station and all further proceedings in C.C.No.443 of

2021 on the files of the Judicial First Class Magistrate Court,

Kalamassery (temporary), against the petitioners are hereby

quashed.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE

LU CRL.MC NO. 7159 OF 2022

APPENDIX OF CRL.MC 7159/2022

PETITIONER ANNEXURES :

Annexure 1 CERTIFIED COPY OF FIR IN CRIME NO. 1083 OF 2021 OF KALAMASSERY POLICE STATION DATED 28/07/2021 Annexure 2 THE CERTIFIED COPY OF THE FINAL REPORT FILED IN CRIME NO. 1083 OF 2021 OF KALAMASSERY POLICE STATION Annexure3 AFFIDAVIT FILED BY 2ND RESPONDENT DATED 03.08.2022

// True Copy // PA To Judge