Kerala High Court
R. Vishnu vs State Of Kerala on 6 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:68076
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
CRL.MC NO. 7039 OF 2024
CRIME NO.1479/2018 OF ADOOR POLICE STATION, PATHANAMTHITTA
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.2532 OF 2018 OF
JUDICIAL MAGISTRATE OF FIRST CLASS , ADOOR
PETITIONERS/ACCUSED NOS.1 AND 2:
1 R. VISHNU
AGED 36 YEARS
S/O RAVEENDRAN K. K, RESIDING AT VISHNU BHAVAN,
ARUKALIKKAL WEST, VADAKKADATHUKAVU, ERATHU, ADOOR,
PATHANAMTHITTA DISTRICT, PIN - 691523
2 SUDHA K. V.
AGED 52 YEARS
D/O K. K. KUMARI, RESIDING AT VARUAKALATHARA,
VELOOR P.O., VELOOR, KOTTAYAM DISTRICT, PIN - 686003
BY ADVS.
ARUN CHAND
BHARAT VIJAY P.
VINAYAK G MENON
THAREEQ ANVER K.
K.SALMA JENNATH
MINU VITTORRIA PAULSON
GOPIKA GOPAL
NEETHU S.
ARCHANA P.P.
CRL.MC NO. 7039 OF 2024 2
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RESPONDENT/STATE AND DE-FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 THE STATION HOUSE OFFICER
ADOOR POLICE STATION, ADOOR, PATHANAMTHITTA DISTRICT,
PIN - 689694
3 ABIN
AGED 40 YEARS
S/O SADANANDAN,
RESIDING AT AMBADIYIL NEW BENGLAVIL, PANNIVIZHA MURI,
ADOOR VILLAGE, PATHANAMTHITTA DISTRICT - 691523,
MANAGING DIRECTOR, SREE NARAYANA INSTITUTE OF
TECHNOLOGY, THEPPUPARA, ADOOR, PATHANAMTHITTA DISTRICT,
PIN - 691554
BY ADVS.
SERGI JOSEPH THOMAS-R3
SMT. SREEJA V (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 7039 OF 2024 3
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BECHU KURIAN THOMAS, J
.............................................
Crl.M.C. No.7039 of 2024
.......................................................
Dated this the 6th day of September, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 528 of
the Bharatiya Nagarik Suraksha Sanhitha, 2023, to quash all
proceedings against them.
2. Petitioners are accused Nos.1 and 2 in
C.C. No.2532/2018, on the files of the Judicial First Class Magistrate
Court, Adoor, arising out of Crime No.1479/2018 of Adoor Police
Station, Pathanamthitta, registered for the offences punishable under
Sections 420, 468 and 471 read with Section 34 of the Indian Penal
Code, 1860. The third respondent is the de facto complainant.
3. According to the prosecution, the accused had during
the period from 12.06.2014 to 30.04.2017 induced the de facto
complainant to part with Rs.1,09,400/- after forging cash receipts, and
thereby committed the offences alleged.
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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 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
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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.2532/2018, on the files of the Judicial First Class Magistrate
Court, Adoor, are quashed.
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJ
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PETITIONER ANNEXURES
ANNEXURE A1 THE CERTIFIED COPY OF THE FIRST INFORMATION
REPORT DATED 06/06/2018 IN CRIME NO. 1479/2018
OF ADOOR POLICE STATION
ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT DATED
05/10/2018 IN C.C. NO. 2532/2018 ON THE FILES
OF JUDICIAL FIRST CLASS MAGISTRATE COURT - I,
ADOOR
ANNEXURE A3 THE AFFIDAVIT DATED 09/08/2024 SWORN BY THE 3RD
RESPONDENT
