Kerala High Court
Sasidharan T vs State Of Kerala on 27 March, 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
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
CRL.MC NO. 7602 OF 2023
CRIME NO.89/2023 OF Mannuthy Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.431 OF 2023 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -III,THRISSUR ARISING OUT OF THE
ORDER/JUDGMENT DATED IN CC NO.431 OF 2023 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -III,THRISSUR
PETITIONERS/ACCUSED NOS.1 & 3:
1 SASIDHARAN T AGED 58 YEARS S/O. SANKARAN NAIR,
THOTTANCHERY HOUSE, NETTISSERY P.O, THRISSUR- ., PIN
- 680651
2 PRAGEETH AGED 35 YEARS S/O.PRAKASAN, NOTTATHU HOUSE,
NETTISSERY P.O, THRISSUR - ., PIN - 680651
BY ADVS. K.S.BABU N.SUDHA BABU SHANKAR ALVIN JEWEL
S.S.
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, KOCHI -, PIN -
682031
2 HAREENDRAN AGED 60 YEARS S/O.UNNIKRISHNA MENON,
VALAPPIKKAVINAL HOUSE ( ANJALI HOUSE), NETTISSERY
P.O, THRISSUR-, PIN - 680651
3 S.I OF POLICE, MANNUTHY POLICE STATION, MANNUTHY,
THRISSUR-, PIN - 680651
4 MADHAVAN
S/O. ACHUTHAN NAIR, PARACKAL HOUSE, MUKKATTUKARA
DESOM, NETTISSERY VILLAGE , THRISSUR-680 651.
5 REMADEVI
[W/O.HARIDAS],
[CORRECTED AS PER ORDER DATED 20.03.2024IN
CRL.M.A.NO.2 OF 2024]
ORAYAMPURATH HOUSE, NETTISSERY DESOM, NETTISSERY
VILLAGE, THRISSUR- 680 651.
Crl.M.C.No.7602 OF 2023
2
(ARE IMPLEADED AS ADDITIONAL RESPONDENTS 4 AND 5 AS
PER ORDER DATED 27.02.2024 IN CRL.M.A.NO.1/2024)
BY ADV MENINO FUTO
SRI. M.C. ASHI (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.7602 OF 2023
3
ORDER
Dated this the 27th day of March 2024
Petitioners have invoked the jurisdiction under
Section 482 Cr.P.C to quash all proceedings against
them.
2. Petitioners are accused Nos.1 and 3 in
C.C.No.431 of 2023 before Judicial First Class Magistrate
Court-III, Thrissur, arising out of Crime No.89 of 2023 of
Mannuthy Police Station, Thrissur, registered for offences
under Sections 406 and 420 r/w Section 34 of the Indian
Penal Code, 1860. Respondents 2, 4 and 5 are the
defacto complainants.
3. According to the prosecution, the accused who
are the office bearers of a Temple Advisory Committee,
collected deposits from the devotees and other people
including respondents 2, 4 and 5, for developing the
temple, and failed to repay the amount, and thereby
cheated the depositors and committed the offences
alleged.
4. Heard the learned counsel for the petitioners
Crl.M.C.No.7602 OF 2023
and the learned counsel for the respondents, 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 Annexures A6, A8 and A11
affidavits filed by respondents 2, 4 and 5. The learned
Crl.M.C.No.7602 OF 2023
Public Prosecutor has submitted that upon verification,
it is understood that the affidavits are genuine, and
respondents 2, 4 and 5 stand 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, Annexures A3 FIR and A4 final
report, and all proceedings against the petitioners in
C.C.No.431 of 2023 before Judicial First Class Magistrate
Court-III, Thrissur, arising out of Crime No.89 of 2023 of
Mannuthy Police Station, Thrissur are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
SSK/27/03
Crl.M.C.No.7602 OF 2023
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE PROCEEDINGS DATED 27.10.2016
ISSUED BY THE SPECIAL DEVASWOM COMMISSIONER
Annexure A2 THE TRUE COPY OF THE COMPLAINT DATED 13.07.2022
SUBMITTED BY THE PRESIDENT OF ERSTWHILE TEMPLE
ADVISORY COMMITTEE
Annexure A3 THE CERTIFIED COPY OF FIR NO.89/2023 IN CRIME
NO.89/2023 OF MANNUTHY POLICE STATION, THRISSUR
FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE
COURT-III,
Annexure A4 THE CERTIFIED COPY OF THE FINAL REPORT/ CHARGE
SHEET FILED BY THE SI OF POLICE, MANNUTHY POLICE
STATION
Annexure A5 THE RECEIPT DATED 23.02.2023 EXECUTED BY THE
DEFACTO COMPLAINANT
Annexure A6 THE TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 1 ST
RESPONDENT/ DEFACTO COMPLAINANT
Annexure A7 THE TRUE COPY OF THE RECEIPT DATED 23.02.2023
EXECUTED BY THE 4TH RESPONDENT
Annexure A8 THE TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 4TH
RESPONDENT/ PROPOSED ADDITIONAL 4TH RESPONDENT
DATED 25/02/2024
Annexure A9 THE TRUE COPY OF THE RECEIPT DATED 23.02.2023
EXECUTED BY THE 5TH RESPONDENT/PROPOSED ADDL.5TH
RESPONDENT
Annexure THE TRUE COPY OF THE AFFIDAVIT SWORN T.O BY THE
A10 5LH RESPONDENT/ PROPOSED ADDITIONAL 5TH RESPONDENT
Annexure ORIGINAL AFFIDAVIT SWORN TO BY THE 5TH RESPONDENT
A11
RESPONDENT'S EXHIBITS:NIL
SSK //TRUE COPY// PA TO JUDGE
