M.X.George vs State Of Kerala
2022 Latest Caselaw 6594 Ker

Crl.M.C.No.647/2020                 1




              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
    THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                       CRL.MC NO. 647 OF 2020
AGAINST THE ORDER/JUDGMENT IN CC 2142/2018 OF ADDITIONAL CHIEF
                 JUDICIAL MAGISTRATE (E&O),ERNAKULAM
PETITIONER/ACCUSED:

            M.X.GEORGE,
            AGED 53 YEARS,
            S/O.XAVIER, MANAKKAL HOUSE NEAR PASSPORT OFFICE,
            PANAMBILLY NAGAR, ERNAKULAM VILLAGE,
            ERNAKULAM DISTRICT.

            BY ADVS.
            K.N.CHANDRABABU
            SRI.B.SREEKUMAR THATTARATH



RESPONDENT/STATE/DE FACTO COMPLAINANT:

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

     2       ALWIN JACKSON,
             S/O.GRIGARY, KOILPARAMBIL HOUSE, EMPARET,
             PARIYARAM VILLAGE, THALIPARAMBU TALUK,
             KANNUR DISTRICT 670 503.

             R1 BY PUBLIC PROSECUTOR SMT. NIMA JACOB


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.647/2020                     2




                               JUDGMENT

The petitioner is the accused in Crime No.566 of 2017 of

Ernakulam Town South Police Station, which is now pending as

C.C.No.2142 of 2018 pending before the Additional Chief Judicial

Magistrate Court (Economic Offence), Ernakulam. The offences

alleged against the petitioner are under Sections 406 and 420 IPC.

2. The allegation against the petitioner is that, he collected

an amount of Rs.1,99,900/- (Rupees one lakh ninety nine thousand

nine hundred only) from the 2nd respondent/de facto complainant,

offering a building owned by the petitioner herein for rent. But

after accepting the said amount the building was not provided to

him. Annexure-A1 is the FIR and Annexure-A2 is the final report

submitted by the police. This Crl.M.C. is filed for quashing all

further proceedings pursuant thereof.

3. Heard Sri.K.N.Chandrababu, learned counsel for the

petitioner, Smt.Nima Jacob, learned Public Prosecutor and

Sri.K.B.Rajesh, learned counsel for the 2nd respondent.

4. Prayer for quashing the proceedings is sought mainly on

the ground that the dispute between the parties has been settled.

Annexure-A4 agreement executed between the petitioner and de

facto complainant is filed along with this Crl.M.C. to substantiate

the settlement. In the said agreement, the 2 nd 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 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-A2 final

report submitted in Crime No.556 of 2017 of Ernakulam Town

South Police Station and all further proceedings in C.C.No.2142 of

2018 on the file of the Judicial First Class Magistrate Court (EO),

Ernakulam, against the petitioner are hereby quashed.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE DG/10.6.22

APPENDIX OF CRL.MC 647/2020

PETITIONER ANNEXURES

ANNEXURE A1 A TRUE COPY OF THE FIRST INFORMATION REPORT NO. 566/2017, ERNAKULAM TOWN SOUTH POLICE STATION.

ANNEXURE A2 A TRUE COPY OF THE C.C. 2141/18 CERTIFIED COPY OF THE FINAL REPORT IN C.C. NO.

2141/2018 PENDING ON THE FILE OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE (EO), ERNAKULAM.

ANNEXURE A3 A TRUE COPY OF THE AFFIDAVIT FILED BY THE DEFACTO COMPLAINANT THROUGH HIS COUNSEL.

ANNEXURE A4 AGREEMENT ON 10.11.2017 THE DEFACTO COMPLAINANT RECEIVED THE ENTIRE AMOUNT OF RS. 2,00,000/- FROM THE PETITIONER AND NO FURTHER DISPUTE WITH REGARDS TO THIS TRANSACTION.