Kerala High Court
Ali Akber vs State Of Kerala on 21 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
CRL.MC NO. 8854 OF 2024
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2024:KER:87311
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 21ST DAY OF NOVEMBER 2024 / 30TH KARTHIKA, 1946
CRL.MC NO. 8854 OF 2024
CRIME NO.1060/2021 OF VADAKKANCHERRY POLICE STATION, PALAKKAD
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.175 OF 2022 OF
JUDICIAL MAGISTRATE OF FIRST CLASS, ALATHUR
PETITIONER/SOLE ACCUSED:
ALI AKBER
AGED 45 YEARS, S/O.ABDUL RASAK,
PUNNAPPADAM HOUSE, PUNNAPPADAM,
ELAVAMPADAM.P.O, ALATHUR,
PALAKKAD, PIN - 678684
BY ADV.SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENTS/STATE & LEGAL HEIRS OF THE DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNKULAM, PIN - 682031
2 MANI.M.D
AGED 71 YEARS, S/O.DAMODARAN,
PADIPADI VEETIL, KAMMANTHARA,
MUDAPPALLUR, ALATHUR, PALAKKAD, PIN - 678705
3 SUNDARI.B., AGED 66 YEARS,
W/O.MANI.M.D,
PADIPADI VEETIL, KAMMANTHARA,
MUDAPPALLUR, ALATHUR,
PALAKKAD, PIN - 678705
SRI. NOUSHAD K. A. (PUBLIC PROSECUTOR)
SMT.T.J.MARIA GORETTI FOR R2 AND R3
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.11.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 8854 OF 2024
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BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.8854 of 2024
...................................................
Dated this the 21st day of November, 2024
ORDER
Petitioner has invoked the jurisdiction under Section 528 of the Bharatiya
Nagarik Suraksha Sanhita, 2023; to quash all proceedings against him.
2. Petitioner is the sole accused in C.C.No.175/2022 on the files of the
Judicial First Class Magistrate Court-I, Alathur, arising out of Crime
No.1060/2021 of Vadakkancherry Police Station, Palakkad District,
registered for the offences under Sections 415 and 420 of the Indian
Penal Code, 1860. The second & third respondents are the father and
mother of the de facto complainant.
3. According to the prosecution, the accused had, between the period
12.02.2021 and 28.02.2021, while conducting business in share market,
collected an amount of Rs.18,70,000/- from the de facto complainant
after promising to pay Rs.50,000/- every week as profit and thereafter
failed to pay any profit as promised, or return the amount collected and
thereby committed the offences alleged.
4. Heard the learned counsel for the petitioner and the learned counsel for
CRL.MC NO. 8854 OF 2024
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the respondents, apart from the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the matter 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. Though de facto complainant is no more as evident from Annexure-2
death certificate, the affidavit of the parents of the de facto complainant
has been produced as Annexure-3 and Annexure-4. I have perused those
affidavits. The learned Public Prosecutor has submitted that upon
verification, it is understood that the affidavits are genuine, and the
defacto complainant and the other deponents 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
CRL.MC NO. 8854 OF 2024
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prayer for quashing. The continuance of the proceedings will only be an
exercise in futility.
8. Accordingly, all proceedings against the petitioner in C.C.No.175/2022 on
the files of the Judicial First Class Magistrate Court-I, Alathur, are
quashed.
Crl.M.C is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/21/11/2024
CRL.MC NO. 8854 OF 2024
2024:KER:87311
PETITIONER ANNEXURES
ANNEXURE 1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO.1060/2021 OF VADAKKENCHERRY POLICE
STATION, PALAKKAD
ANNEXURE 2 TRUE COPY OF THE DEATH CERTIFICATE DATED
08.05.2024
ANNEXURE 3 THE NOTARISED AFFIDAVIT DATED 17.10.2024
SWORN BY THE 2ND RESPONDENT HEREIN EVIDENCING
THE FACTUM OF SETTLEMENT
ANNEXURE 4 THE NOTARISED AFFIDAVIT DATED 17.10.2024
SWORN BY THE 3RD RESPONDENT HEREIN EVIDENCING
THE FACTUM OF SETTLEMENT
