Kerala High Court
Devanandan V.S vs State Of Kerala on 17 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943
CRL.MC NO. 86 OF 2022
AGAINST THE ORDER/JUDGMENT IN CC 1194/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,
PALAKKAD
PETITIONER/ACCUSED:
DEVANANDAN V.S.
AGED 42 YEARS
S/O.SAHADEVAN, VALIYAPARAMBU HOUSE, NAMPULLIPURA POST, MUNDUR,
PALAKKAD, PIN - 678 592.
BY ADV NIREESH MATHEW
RESPONDENTS/STATE & DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM.
2 KRISHNAKUMAR S.
AGED 44 YEARS
S/O.SANKU, KRISHNA VIHAR, KUNNATHARA, PAZHAYANNUR, KONGAD,
PALAKKAD DISTRICT.
OTHER PRESENT:
SR.PP - SMT. SREEJA V.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.03.2022, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
Crl. M. C. NO. 86 OF 2022
2
ORDER
Petitioner is the sole accused in C.C. No. 1194 of 2017 on
the file of the Judicial First Class Magistrate's Court-II,
Palakkad which originated from the final report in Crime No.
875 of 2017 of Kongad police station.
2. That crime was registered on 16.09.2017 alleging
offence punishable under Section 420 of the IPC on the basis of
a complaint given by the 2nd respondent, who was the Junior
Inspector attached to Assistant Registrar (General) of Co-
operative Societies, Palakkad. On routine inspection in
Mundur Co-operative Rural Credit Society No. P-1354, the 2 nd
respondent found that the petitioner had pledged spurious gold
of 258.700 grams with the society on 22.04.2016 and
30.03.2017 and availed a loan of Rs.5,16,800/- and on that
basis the crime was registered and after investigation, charge
sheet was laid alleging offence under Section 420 of the IPC.
Now contending that the entire amount has been repaid,
proceedings are sought to be quashed by the petitioner, the
Crl. M. C. NO. 86 OF 2022
accused.
3. I heard the learned counsel for the petitioner and also
the learned Senior Public Prosecutor who has confirmed the
settlement.
4. It is shown that further statements of the 2 nd
respondent and Ravi Kumar who was the Inspector attached to
the Assistant Registrar of the Co-operative Societies at that
time and also Deepa V. A who is now holding charge of the
Secretary of the Co-operative Society indicate that the matter is
settled. The Secretary has stated that immediately after
registration of the crime the petitioner had repaid the entire
amount, since the society has received the entire amount, it has
not suffered any loss; it is stated that the society is not
interested in continuing the proceedings.
5. Having regard to the nature of the allegations, it cannot
be said that this is a case does not have public interest. It is a
case in which the petitioner had cheated the co-operative
society by pledging spurious gold and availed more than rupees
Crl. M. C. NO. 86 OF 2022
five lakhs. However considering the fact that the Court is
overburdened, and considering the futility of containing the
proceedings in the circumstance the witnesses are not going to
support the case, I am inclined to quash the proceedings taking
into account the settlement reached and repayment of the
amount by the petitioner. Entire proceedings in C.C. No. 1194
of 2017 on the file of the Judicial First Class Magistrate's
Court-II, Palakkad are quashed and the petitioner shall stand
exonerated.
The Criminal Miscellaneous Case is allowed as above.
Sd/-
K. HARIPAL
JUDGE
RMV/17/03/2022
APPENDIX OF CRL.MC 86/2022
PETITIONER ANNEXURES
Annexure A CERTIFIED COPY OF THE FIR ALONG WITH F.I. STATEMENT IN
CRIME NO.875/2017 OF KONGAD POLICE STATION.
Annexure B PHOTOCOPY OF THE FINAL REPORT IN CRIME NO.875/2017
FILED BEFORE THE JUDL. FIRST CLASS MAGISTRATE COURT-
II, PALAKKAD.
Annexure C TRUE PHOTOCOPY OF THE RECEIPT 15/09/2017 ISSUED BY THE
MUNDUR CO-OPERATIVE CREDIT SOCIETY LTD.
TRUE COPY
P.A.TO JUDGE
