This Criminal Miscellaneous petition sought to quash FIR No. 204/2014 registered under Cheque Bounce and money lending provisions. The Court found that the matter was fully settled between the parties based on the complainant's affidavit.
FIR No. 204/2014 registered at Nenmara Police Station is hereby quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
FRIDAY, THE 16TH DAY OF MAY 2014/26TH VAISAKHA, 1936
Crl.MC.No. 1595 of 2014 ()
CRIME NO. 204/2014 OF NENMARA POLICE STATION , PALAKKAD
PETITIONER(S)/ACCUSED:
GIREESHKUMAR AGED 38 YEARS
S/O.MANIKKAN, MATTUPARAYIL HOUSE, NENMARA PALAKKAD DISTRICT.
BY ADV. SRI.NIREESH MATHEW
RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT:
HIGH COURT OF KERALA, ERNAKULAM.
R2 BY ADV. SRI.N.P.PRAJEESH
R1 BY PUBLIC PROSECUTOR SMT.MADHUBEN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-05-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO.1595/2014
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A PHOTOCOPY OF THE PETITION DATED 11.2.2014 SUBMITTED BEFORE THE ASST.SUPDT. OF POLICE, ALATHUR
ANNEXURE B PHOTOCOPY OF THE FIRST INFORMATION REPORT IN CRIME NO.204/2014 OF NENMARA POLICE STATION, PALAKKAD DISTRICT
ANNEXURE C THE ORIGINAL OF THE AFFIDAVIT SWORN TO BY THE RESPONDENT NO.2 BEFORE HIS ADVOCATE AT PALAKKAD DATED 28.02.2014
RESPONDENTS' EXHIBITS:
NIL
//TRUE COPY//
A.HARIPRASAD J.,
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Dated this the 16th day of May 2014
ORDER
Petitioner is the accused in crime No.204 of 2014 of Nenmara Police Station registered under section 406 ad 420 of
the Indian Penal Code and sections 13 and 17 of the Kerala Money Lenders Act and Section 3 read with Section 9(a) of the Kerala Prohibition of Charge Exorbitant Interest Act 2012. It
is the case of the de facto complainant that due to financial stringencies and illness of his father, he had to borrow money from the accused to a tune of `35,000/- at the rate of 20% interest per annum. In spite of paying off the liability, the petitioner proceeded with a prosecution against the defacto complainant under Section 138 of the Negotiable Instruments
Crl.M.C. No.1595 of 2014
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Act. Alleging all these facts, he filed a complaint before the Assistant Superintendent of Police, Alathur. On that basis, the crime was registered. Annex.A is the complaint submitted by the de facto complainant, Annex.B is the FIR and Annex.C is the affidavit filed by the de facto complainant stating that the matter has been talked over between the parties and finally settled. It is further submitted that the de facto complainant has no subsisting grievance against the accused/petitioner. On
hearing the counsel for the petitioner and the de facto complainant, I am satisfied that the matter has been fully settled. The learned Public Prosecutor submitted that there are other cases of similar nature pending against the de facto complainant. However, the averments in the affidavit would clearly show that the matter between the parties herein has been settled and further proceedings will be of no avail.
Therefore, the petition is allowed in the following terms:
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Annex.B/FIR in crime No.204/2014 of Nenmara Police
Station is hereby quashed.
A.HARIPRASAD, (JUDGE)
dl/
2 issues framed by the court
Whether the criminal proceedings initiated under Section 138 of the Negotiable Instruments Act and other sections can be quashed upon settlement.
Whether the affidavit filed by the complainant showing settlement satisfies the requirements for quashing the FIR.
4 provisions across 4 enactments
Gireeshkumar
State of Kerala
Balu T.
A.Hariprasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
