Kerala High Court
K.M.Majeed vs State Of Kerala on 22 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
CRL.MC NO. 8187 OF 2024 1
2024:KER:79788
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
CRL.MC NO. 8187 OF 2024
CRIME NO.188/2004 OF Atholy Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT DATED IN LP NO.52 OF 2014 OF
JUDICIAL MAGISTRATE OF FIRST CLASS - II, PERAMBRA
PETITIONERS/ACCUSED NO.2 & 4:
1 K.M.MAJEED
AGED 51 YEARS
S/O KALYANI AMMA, CHERUVATH HOUSE, ATHOLI AMSOM,
KOLAKKAD DESOM, KOZHIKKODE DISTRICT, PIN - 673315
2 SHYJU
AGED 50 YEARS
S/O CHANDRAN, NADUKKANDI MEETHAL VEEDU, KEEZHARIYOOR
AMSOM,DESOM, KOZHIKKODE DISTRICT, PIN - 673307
BY ADVS.
SANTHARAM.P
REKHA ARAVIND
P.G.GOKULNATH
RESPONDENTS/STATE & INFORMANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 LINEESH KUMAR
S/O MADHAVAN NAIR, CHENKUNIYINMEL HOUSE, KUNNATHARA,
MODAKKALLUR P.O, KOYILANDY TALUK, KOZHIKKODE DISTRICT,
PIN - 673315
CRL.MC NO. 8187 OF 2024 2
2024:KER:79788
BY ADVS.
SRI. PAUL P. ABRAHAM
SRI. NOUSHAD K. A. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 8187 OF 2024 3
2024:KER:79788
BECHU KURIAN THOMAS, J
.............................................
Crl. MC No.8187 of 2024
.......................................................
Dated this the 22nd day of October, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 528 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 to quash all proceedings
against him.
2. Petitioners are accused Nos.2 and 4 in L.P No.52/2014
on the files of the Judicial First Class Magistrate Court-II, Perambra,
arising out of Crime No.118/2004 of Atholy Police Station, Kozhikode,
registered for the offences punishable under Section 420 of the Indian
Penal Code, 1860. The second respondent is the de facto complainant.
3. According to the prosecution, the accused had on
29.06.2004 collected Rs.1,50,000/- from the de facto complainant,
promising him to arrange visa and thereafter, failed to provide the visa
or return the amount collected from him, 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.
2024:KER:79788
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 4 affidavit filed by the second
respondent. The learned Public Prosecutor has submitted that upon
verification, it is understood that the affidavit is genuine, and 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 futility.
2024:KER:79788
8. Accordingly, all proceedings against the petitioners in
L.P No.52/2014 on the files of the Judicial First Class Magistrate Court-II,
Perambra, are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJ
2024:KER:79788
PETITIONER ANNEXURES
Annexure 1 CERTIFIED COPY OF FIR IN CRIME NO.188/2004 OF
ATHOLI POLICE
Annexure 2 CERTIFIED COPY OF CHARGE IN CRIME NO.188/2004
OF ATHOLI POLICE
Annexure 3 A TRUE COPY OF JUDGMENT DATED 26.03.2012 IN
C.C 13/2008 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT-II, PERAMBRA
Annexure 4 AN AFFIDAVIT SWORN BY INFORMANT IN CRIME
NO.188/2004 OF ATHOLI POLICE DATED 22.07.2024
