Sasikumar P.K vs State Of Kerala
2023 Latest Caselaw 11417 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
   WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
                     CRL.MC NO. 5137 OF 2023
   CRIME NO.1285/2018 OF Kottayam East Police Station, Kottayam
     AGAINST THE ORDER/JUDGMENT CC 503/2019 OF CHIEF JUDICIAL
                       MAGISTRATE ,KOTTAYAM
PETITIONER/ACCUSED NOS.1 TO 3:

    1     SASIKUMAR P.K. ,AGED 57 YEARS
          S/O. KRISHNAN NAIIR , ULLURUPPIL VEEDU, NATTAKAM P.O,
          NATTAKOM VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT.,
          PIN - 686013
    2     ANOOP C.K. AGED 33 YEARS
          S/O. PRASANNAN , CHERUKKANAYIL VEEDU, MOOLAVATTOM P.O,
          NATTAKOM VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT.,
          PIN - 686012
    3     REJIKUMAR, AGED 33 YEARS
          S/O. PRASANNAN , PICHANADU VEEDU, MOOLAVATTOM P.O,
          NATTAKOM VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT.,
          PIN - 686012
          BY ADVS.
          AJITH MURALI
          MOHANAN M.K.
          SWAPNA VIJAYAN


RESPONDENT/STATE AND DE FACTO COMPLAINANT:

    1     STATE OF KERALA
          REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
          KERALA, ERNAKULAM., PIN - 682031
    2     THE SUB INSPECTOR OF POLICE
          KOTTAYAM EAST POLICE STATION, KOTTAYAM EAST (PO),
          KOTTAYAM DISTRICT., PIN - 686009
    3     ANNAMMA , AGED 65 YEARS
          W/O T.T MATHAI, THAVURATHU VEETIL, AMBALLUR P.O,
          AMBALLUR VILLAGE, ERNAKULAM DISTRICT., PIN - 682315


          SRI NOUSHAD K.A. (SR PP)


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 5137 OF 2023                      2



                                     ORDER

Petitioners are the accused in Crime No.1285/2018 of

Kottayam East Police Station, Kottayam District, alleging

commission of offences under Sections 419, 465, 468, 471 ,

120(B) r/w. 34 Indian Penal Code. The matter is now pending

as C.C. No.503/2019 before the Chief Judicial Magistrate

Court, Kottayam. The crime was registered following the

reference by the jurisdictional court of a complaint filed by the

de facto complainant/3rd respondent, for investigation under

Section 156(3) Cr.P.C.

2. Allegation against the petitioners is that, with an

intention to cheat the de facto complainant/3rd respondent, the

petitioners had created a fake and fabricated sale agreement

dated 16.01.2018 in the name of the de facto complainant and

also put her signature in the agreement, without her consent

and knowledge. It is further alleged that the 1 st petitioner had

filed O.S. No.417/2018 before the Munsiff's Court, Kottayam

and produced the fabricated agreement as an original

document and thereby, cheated the de facto complainant.

3. Learned counsel appearing for the petitioners

would submit that the entire disputes between the petitioners

and the de facto complainant/3rd respondent have been settled

in mediation conducted at the District Mediation Centre,

Kottayam. Annexure-B is the final mediation settlement and

the de facto complainant has clearly recorded that she does not

wish to proceed with the prosecution of the complaint.

4. Though notice was issued to the 3 rd respondent/de

facto complainant from this Court and notice was served, there

is no appearance for the de facto complainant/ 3rd respondent.

5. Learned Public Prosecutor submits that a statement

was given by the de facto complainant/ 3rd respondent to the

Station House Officer, Kottayam East Police station that the

issues between the petitioners and the de facto

complainant/3rd respondent have been settled in mediation

and that she does not wish to continue with the prosecution of

C.C. No.503/2019 before the Chief Judicial Magistrate Court,

Kottayam.

6. Having heard the learned counsel for the petitioners

and the learned Public Prosecutor, I am of the view that this is

fit case where the jurisdiction of this Court under Section 482

of Cr.P.C. can be invoked to quash the proceedings against the

petitioners on the ground of settlement. The principles

governing the circumstances in which this Court can exercise

the jurisdiction under Section 482 of the Cr.P.C to quash

criminal proceedings in respect of non-compoundable offences

are delineated by the judgments of the Supreme Court in Gian

Singh V. State of Punjab [(2012) 10 SCC 303] and State

of Madhya Pradesh V. Laxmi Narayan and Others [(2019)

5 SCC 688]. It is clear from the reading of the aforesaid

judgments that offences of heinous nature cannot be quashed

on the ground of subsequent settlement. Here, the nature of

the offences does not compel me to hold that the proceedings

cannot be quashed on the ground of settlement. No public

interest will be served by continuing with the proceedings

against the petitioners. It is unlikely that the State will be able

to successfully prosecute the case against the petitioners. In

that view of the matter, I am of the view that this is fit case

where the jurisdiction of this Court under Section 482 of

Cr.P.C. can be invoked to quash the proceedings against the

petitioners on the ground of settlement.

Accordingly, this Crl.M.C. is allowed and all further

proceedings in C.C. No.503/2019 on the file of the Chief

Judicial Magistrate Court, Kottayam (arising out of Crime

No.1285/2018 of Kottayam East Police Station, Kottayam

District), will stand quashed as against the petitioners.

Sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF CRL.MC 5137/2023

PETITIONER ANNEXURES Annexure-A A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1285/2018 OF KOTTAYAM EAST POLICE STATION DATED 22.7.2019.

Annexure-B A TRUE COPY OF THE AGREEMENT PASSED BY THE DISTRICT MEDIATION CENTRE, KOTTAYAM IN C.C. NO.503/2019 DATED 18.4.2023.