Kerala High Court
Jithin P George vs State Of Kerala on 6 February, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
CRL.MC NO. 639 OF 2024
CRIME NO.1754/2019 OF ALAPPUZHA NORTH POLICE STATION, ALAPPUZHA
AGAINST THE ORDER/JUDGMENT CC 12/2021 OF CHIEF JUDICIAL
MAGISTRATE, ALAPPUZHA
PETITIONERS/ACCUSED NOS 1&2:
1 JITHIN P GEORGE
AGED 36 YEARS
S/O GEORGE, PAALARAYIL HOUSE, NARAKAKANAM P.O, IDUKKI
DISTRICT, KERALA, PIN - 685602.
2 SABU JOSEPH
AGED 49 YEARS
S/O.JOSEPH, NO.26, 2ND FLOOR, 14TH MAIN F CROSS, EJI
PURA, NEAR JJ CHURCH, BANGALORE SOUTH, VIVEK NAGAR,
KARNATAKA, PIN - 560047.
ADVS.
S.ABHILASH
K.SIJU
ANJANA KANNATH
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031.
2 STATION HOUSE OFFICER
ALAPPUZHA NORTH POLICE STATION, ALAPPUZHA, PIN - 688012
3 SHINCY MATHEW
AGED 34 YEARS
W/O.LIBIN SEBASTIAN, THEEYASSERIL VEEDU, PATHIRAPPALLY
P.O, THUMBOIL, ALAPPUZHA, PIN - 688521.
SMT. SREEJA V. - PUBLIC PROSECUTOR
ADV. MARIYA JOSE - R3
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.639 of 2024
2
BECHU KURIAN THOMAS, J.
====================
Crl.M.C. No.639 of 2024
=====================
Dated this the 6th day of February, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 482
Cr.P.C to quash all proceedings against them.
2. Petitioners are the accused in C.C No.12/2021, on the files
of the Chief Judicial Magistrate Court, Alapuzha, arising out of Crime
No.1754/2019 of Alapuzha North Police Station, registered for the
offences under Sections 406 and 420 of the Indian Penal Code,
1860. Respondent No. 3 is the defacto complainant.
3. According to the prosecution, the accused had, with an
intention to cheat the defacto complainant demanded large amount
of money, promising to provide an employment and after collecting
the amount, failed to provide the employment or return the amount
and thereby committed the offences alleged.
4. Heard the learned counsel for the petitioners and the
learned counsel for the respondent, apart from the learned Public
Prosecutor.
5. The learned counsel for the petitioners submitted that the
matter has been settled and hence the proceedings against the
petitioners ought to be quashed. It was also submitted that,
considering the nature of offences alleged, no purpose would be
served by continuing the proceedings.
6. In Gian Singh v. State of Punjab and Another [(2012)
10 SCC 303], the Apex Court has held that in appropriate cases,
the High Court can take note of the amicable resolution of disputes
between the victim and the wrongdoer to put an end to the
criminal proceedings. This view was reiterated in Narinder Singh
and Others v. State of Punjab and Another [(2014) 6 SCC 466]
and Yogendra Yadav and Others v. State of Jharkhand and
Another [(2014) 9 SCC 653].
7. I have perused Annexure A3 affidavit filed by 3rd
respondent. The learned Public Prosecutor has submitted that
upon verification, it is understood that the affidavit is genuine, and
the defacto complainant stands by the contents thereof. I am
satisfied that the matter has been settled and no public interest is
involved in this case. There is no impediment for granting the
prayer for quashing. The continuance of the proceedings will only
be an exercise in futility.
8. Accordingly, all proceedings against the petitioners in
C.C. No.12/2021 on the files of the Chief Judicial Magistrate Court,
Alapuzha, are quashed.
Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
Rvm JUDGE
PETITIONER ANNEXURES
Annexure A1 THE COPY OF FIR IN CRIME NO. 1754/2019 OF
ALAPPUZHA NORTH POLICE STATION, ALAPPUZHA
DATED 12.11.2019.
Annexure A2 A TRUE COPY OF THE FINAL REPORT IN CRIME
NO.1754/2019 OF ALAPPUZHA NORTH POLICE
STATION DATED 7.11.2020, WHICH IS PENDING
BEFORE THE CJM COURT, ALAPPUZHA.
Annexure A3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT
REGARDING THE COMPROMISE DATED 03.01.2024.
