Dismissed

Barry George v. State of Kerala

Kerala HC16 Feb 2012Crl.MC/454/2012

Case brief

AI extract

What is this about?

Petitioner appealed against a noncompoundable offence involving Prize Chits and Money Circulation Schemes, seeking quashment of proceedings based on settlement. The Court dismissed the petition, holding jurisdiction under Section 482 CrPC inappropriate as other cases against the same accused remain unsettled.

What did the court decide?

Quashment of all further proceedings against the petitioner was denied.

Barry George Vs State of Kerala — Cheque Dishonour | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE. P.S.GOPINATHAN

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THURSDAY, THE 16TH DAY OF FEBRUARY 2012/27TH MAGHA 1933

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Crl.MC.No. 454 of 2012 (B)

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CC.124/2011 of CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM

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PETITIONER/ ACCUSED NO.6

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BARRY GEORGE, AGED 32 YEARS S/O.GEORGE, ARAKYAL HOSUE, MERRY VILLA NAYARAMBALAM, ERNAKULAM DIST

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BY ADV. SRI.M.J. SANTHOSH

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RESPONDENTS/STATES & COMPLAINANT(S):

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1. STATE OF KERALA

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REP.BY THE SUB INSPECTOR OF POLICE PALARIVATTOM POLICE STATION THROUGH THE PUBLIC PROSECTUOR HIGH COURT OF KERALA, ERNAKULAM - 31

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2. JOHN P. MATHEW, AGED 46 YEARS

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S/O. MATHEW, POOPANKALAYIL HOUSE, RAINBOW GARDEN, E2 UNICHIRA, EDAPPILLY TOLL, ERNAKULAM DIST

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R1 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN R2 BY ADV. SRI. FRANCIS.M.KURIAN

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-02-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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DCS

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Crl.MC.No. 454 of 2012 (B)

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APPENDIX

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PETITIONER(S) ANNEXURES :-

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ANNEXURE A :	COPY OF THE FIR IN CRIME NO. 1506/2009 OF THE PALARIVATTOM POLICE STATION
ANNEXURE B:	COPY OF THE FIS DATED 18.10.2009
ANNEXURE C:	COPY OF THE FINAL REPORT DATED 31.07.2010
ANNEXURE D:	COPY OF THE SUMMONS
ANNEXURE E:	COPY OF THE COMPROMISE PETITION BETWEEN THE CW1 AND THE ACCUSED NO. 6

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RESPONDENTS' ANNEXURES :- NIL

/TRUE COPY/

P.A. TO JUDGE

DCS

P.S.GOPINATHAN, J.

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Crl.M.C.NO. 454 OF 2012

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Dated this the 16^th day of February,2012

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O R D E R

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In this petition under Section 482 of the Code of Criminal Procedure, the petitioner, who is the 6^th accused in C.C.No.124/2011 on the file of the Chief Judicial Magistrate, Ernakulam, for offence under Sections 3 read with 4 of the Prize Chits and Money Circulation Schemes (Banning Act) 1978, seeks an order to quash all further proceedings against the petitioner in pursuance to Annexure C Final Report. The plea is that the 6^th accused had settled the matter with the defacto complainant.

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Admittedly, the offence alleged is

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noncompoundable. The case, in respect of the other accused is not settled. In the above circumstance, I

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find that it is not appropriate to invoke jurisdiction

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Crl.M.C.NO. 454 OF 2012 2

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under Section 482 of the Code of Criminal Procedure and to quash all further proceedings against one of the accused in respect of an offence which is not compoundable. See the decision reported in Gulab Das Vs. State of Madhya Pradesh (2012(1) KLT S.N.49) and Ishwar Singh Vs. State of Madhya Pradesh (2008(15)SCC 667).

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In the result, this petition is dismissed.

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P.S.GOPINATHAN JUDGE

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DSV/-

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Crl.M.C.NO. 454 OF 2012 3

Barry George v. State of Kerala

Case brief

What is this about?

What did the court decide?

Barry George v. State of Kerala

Case brief

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What did the court decide?

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