Kerala High Court
Joseph vs State Of Kerala on 16 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
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
CRL.MC NO. 922 OF 2024
CRIME NO.1025/2009 OF HILL PALACE POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT CC 1367/2015 OF JUDICIAL FIRST
CLASS MAGISTRATE COURT, TRIPUNITHURA
PETITIONER/ACCUSED :
JOSEPH, AGED 70 YEARS
S/O MATHAI, ANAMTHURITHIL HOUSE,
IRUMPANAM P O, PIN - 682 303.
BY ADVS.
K.BIJU
K.R.SAJITH
RESPONDENT/COMPLAINANT/DEFACTO COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 STATION HOUSE OFFICER
HILL PALACE POLICE STATION,
TRIPUNITHURA , KOCHI CITY - 682 301.
3 DEEPU PAUL
S/O LATE PAUL, MUKKADAYIL HOUSE
DOOR NO. 36/2061,
AZAD ROAD, KALOOR P.O - 682 017.
SRI. M.C. ASHI (PP) /
SRI. VIMAL K. CHARLES (FOR RESPONDENT)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 922 OF 2024
2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.922 of 2024
...................................................
Dated this the 16th day of February, 2024
ORDER
Petitioner has invoked the jurisdiction under Section 482 Cr.P.C to
quash all proceedings against him.
2. Petitioner is the accused in C.C.No.1367/2015 on the files of
Judicial First Class Magistrate Court, Tripunithura; arising out of
Crime No.1025/2009 of Hill Palace Police Station, registered for the
offences punishable under Sections 420, 465 and Section 468 of the
Indian Penal Code, 1860. The third respondent is the de facto
complainant.
3. According to the prosecution, the accused, after forging the
documents had sold property to the de facto complainant and
cheated him, and thereby committed the offences alleged.
4. Heard the learned counsel for the petitioner and the learned
counsel for the respondent, apart from the learned Public
Prosecutor.
5. The learned counsel for the petitioner submitted that the matter
CRL.MC NO. 922 OF 2024
has been settled and hence the proceedings against the petitioner
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-3 affidavit filed by the third respondent.
The learned Public Prosecutor has submitted that upon verification,
it is understood that the affidavit is genuine, and the de facto
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
CRL.MC NO. 922 OF 2024
futility.
8. Accordingly, all proceedings against the petitioner in
C.C.No.1367/2015 on the files of Judicial First Class Magistrate
Court, Tripunithura; are quashed.
This Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/19/02/2024
CRL.MC NO. 922 OF 2024
PETITIONER ANNEXURES
ANNEXURE 1 CERTIFIED COPY OF THE FIR IN CRIME NUMBER
1025 OF 2009 DTD 8/7/2009 OF HILL PALACE
POLICE STATION, TRIPUNITHURA.
ANNEXURE 2 CERTIFIED COPY OF THE FINAL REPORT DTD
9/2/2018 IN CC 1367/20015(CRIME NO. 1025
OF 2009 OF HILL PALACE POLICE STATION,
TRIPUNITHURA) ON THE FILE OF THE JUDICIAL
FIRST CLASS MAGISTRATE COURT,
TRIPUNITHURA.
ANNEXURE 3 TRUE COPY OF THE COMPROMISE AFFIDAVIT
DATED 07.01.2024 OF THE DEFACTO
COMPLAINANT.
TRUE COPY
