Soumesh Surendran vs State Of Kerala
2022 Latest Caselaw 5656 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
            THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
        FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                      CRL.MC NO. 5360 OF 2021
    CRIME NO.1459/2017 OF Palluruthy Police Station, Ernakulam
 AGAINST THE ORDER/JUDGMENT IN CC 410/2018 OF JUDICIAL MAGISTRATE
                     OF FIRST CLASS -II, KOCHI
PETITIONER/S:

           SOUMESH SURENDRAN
           AGED 39 YEARS
           S/O.SURENDARN, KALAPURAKKAL HOUSE, ESI ROAD, NEAR
           BLUETRONIX, PALLURUTHY, PINCODE-682006, ERNAKULAM.
           BY ADVS.
           M.B.SOORI
           AISWARYA V.S.


RESPONDENT/S:

    1      STATE OF KERALA
           REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
           KERALA, ERNAKULAM.
    2      ABHILASH SUDEVAN
           AGED 44 YEARS
           S/O.SUDEVAN, SREEKAMAL VEEDU, NIRAMANKARA, KAIMANAM
           P.O., NEMOM, PINCODE-695040, TRIVANDRUM.
    3      RENA ABHILASH
           AGED 36 YEARS
           W/O.ABHILASH SUDEVAN, SREEKAMAL VEEDU, NIRAMANKARA,
           KAIMANAM P.O., NEMOM, PINCODE-695040, TRIVANDRUM.
           BY ADV T.V.SREEJITH
           SRI.VIPIN NARAYAN, PUBLIC PROSECUTOR


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
                               JUDGMENT

The petitioner is the sole accused in Crime No.1459/2017 of Palluruthy

KASABA Police Station which is now pending as CC.410/2018 before the

Judicial First Class Magistrate Court -II, Kochi. The offences alleged against the

petitioner is under section 420 of IPC.

2. The prosecution case is that the petitioner had collected an amount

of Rs.72,400/- for the purpose of arranging flight tickets and visa to the second

and third respondent for going abroad. Later they did not arrange the visa as

promised and the crime was registered in such circumstances. Annexure -A1 is

the F.I.R and Annexure A2 is the final report submitted. This Crl.M.C is filed

for quashing all further proceedings pursuant to Annexure -A2.

3. Heard Sri. M.B. Soori learned counsel appearing for the

petitioner,Sri. Vipin Narayan , learned Public Prosecutor for the state of Kerala,

T.V Sreejith Leanerd Counsel appearing for the 2nd and 3rd respondents.

4. Prayer for quashing the proceedings is sought mainly on the ground

that the dispute between the parties has been settled. Annexures- A3 and A4

affidavits sworn by the respondents 2 and 3 are filed along with this Crl.M.C. to

substantiate the settlement. In the said affidavits, the respondents 2 and 3 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 respondents 2 and 3 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.

6. In the result, this Crl.M.C. is allowed, and Annexure-A2 submitted

in crime No 1459 of 2017of Palluruthy KASABA Police Station and all further

proceedings in C.C.No.410 of 2018 on the file of the Judicial First Class

Magistrate Court-II, Kochi against the petitioners are hereby quashed.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE KVT

.

APPENDIX OF CRL.MC 5360/2021

PETITIONERES ANNEXURES:

Annexure A1 CERTIFIED COPY OF FIR NO.1459/2017 REGISTERED BY THE PALLURUTHY KASABA POLICE STATION. Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.410/2018 PENDING BEFORE THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, KOCHI.

Annexure A3 AFFIDAVIT DATED 29.10.2021 SWORN BY THE SECOND RESPONDENT STATING THE SETTLEMENT OF ALL DISPUTES BETWEEN HIM AND THE ACCUSED IN C.C.NO.410/2018.

Annexure A4 AFFIDAVIT DATED 29.10.2021 SWORN BY THE THIRD RESPONDENT STATING THE SETTLEMENT OF THE DISPUTES BETWEEN HER AND THE ACCUSED IN C.C.NO.410/2018.

RESPONDENTS NIL ANNEXURES :