Venugopal vs State Of Kerala
2022 Latest Caselaw 7029 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

         FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
                        CRL.MC NO. 3399 OF 2022
 AGAINST THE ORDER/JUDGMENT IN LP 32/2009 OF JUDICIAL MAGISTRATE OF
                       FIRST CLASS -I,ATTINGAL

PETITIONER/ACCUSED:

             VENUGOPAL, AGED 60 YEARS, CHAIKOTTUVEEDU, MUDAKKAL
             PANCHAYAT ,KORANI PO ATTINGAL,THIRUVANANTHAPURAM, PIN -
             695104

             BY ADVS.
             AMALA.J.RAJ
             BALAMURALI K.P.
             RAJU GEORGE (KARUVATTA)
             SHABNA RAHIM
             PRASANTH N.L.

RESPONDENTS/STATE:

     1       STATE OF KERALA, PUBLIC PROSECUTER , HIGH COURT OF
             KERALA,COCHIN,, PIN - 682018

     2       STATION HOUSE OFFICER (SHO),ATTINGAL POLICE STATION,
             ATTINGAL PO,THIRUVANANTHAPURAM., PIN - 695101

     3       SUGATHAN, S/O.SADASHIVAN, AGED 52 YEARS, KAILATHUKONAM
             ,KALLUPURATHUVEEDU, VEILOOR VILLAGE,THIRUVANANTHAPURAM,,
             PIN - 695104

             BY ADV S.JAYANT


             Adv Sudheer Gopalakrishnan-PP

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
                                     2

Crl.M.C No.3399 of 2022



                               ORDER

The petitioner is the accused in Crime No.817/2005 of

Attingal Police Station which is now pending as L.P 32/2009 on the

file of the Judicial First Class Magistrate Court-I, Attingal. The

offence alleged against the petitioner is punishable under Section

420 of Indian Penal Code.

2. The prosecution case is that, on 25.10.2002 and on

27.1.2002, the petitioner had collected an amount of Rs. 60,000/-

from the 3rd respondent herein by offering him a job. Later, the

petitioner did not provide any job and the money was also not

repaid. Annexure-A1 is the FIR registered and Annexure-A2 is the

final report submitted by the Police. This Crl.M.C is filed for

quashing all further proceedings pursuant thereto.

3. Heard Sri. Balamurali K.P, the learned counsel

appearing for the petitioner, Sri. Sudheer Gopalakrishnan, the

learned Public Prosecutor appearing for the State and Sri. S.Jayan,

the learned counsel appearing for the 3rd respondent.

4. The prayer for quashing the above proceedings is

sought for by the petitioner on the ground that, the dispute

Crl.M.C No.3399 of 2022

between the parties has been settled and to substantiate the

same, the defacto complainant/3rd respondent has sworn

Annexure-A3 affidavit. The aforesaid affidavit indicates that, the

matter has been settled and the 3rd respondent has no subsisting

grievance against the petitioner herein. He has also conveyed that

he has no objection in quashing the proceedings against the

petitioner herein. The learned counsel for the 3 rd

respondent/defacto complainant also confirmed the same. The

learned Public Prosecutor upon instructions submitted that the

veracity of the settlement was verified by the Station House officer

concerned and before the SHO also, the 3 rd respondent has

reiterated that, he does not have any objection in quashing the

proceedings as he has no subsisting grievance against the

petitioner herein.

5. Going through the materials available on record, it is

discernible that, the dispute is basically private in nature and on

account of settlement arrived at between the parties, no purpose

would be served if the proceedings against the petitioner herein

were allowed to continue. In such circumstances, the chances of a

successful prosecution are very bleak. Therefore, I am of the view

Crl.M.C No.3399 of 2022

that going by the decision in Gian Singh v. State of Punjab and

Another [2012(4) KLT 108], this is a fit case in which the

powers of this Court under Section 482 of the Code of Criminal

Procedure can be invoked.

Accordingly, this Crl.M.C. is allowed. All further proceedings

pursuant to Annexure-A2 final report and all other proceedings in

Crime No.817/2005 of Attingal Police Station which is now pending

as L.P 32/2009 on the file of the Judicial First Class Magistrate

Court-I, Attingal as against the petitioner are hereby quashed.

Sd/-

ZIYAD RAHMAN A.A JUDGE rpk

Crl.M.C No.3399 of 2022

APPENDIX OF CRL.MC 3399/2022

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF THE FIR IN CRIME NO.817/2005 DATED18/07/2005

Annexure A2 TRUE COPY OF THE FINAL REPORT DATED 27/10/2005 IN LP NO.32/2009 (CC NO.1205/2005)

Annexure A3 ORIGINAL AFFIDAVIT SWORN BY THE 3RD RESPONDENT/DEFACTO COMPLAINANT DATED 20/05/2022