Allowed a petition under Section 482 CrPC to quash proceedings against an accused in a moneylending case. Finding a genuine amicable settlement between parties, the court held continuance of prosecution unwarranted.
Prosecution in CC No.1580/2014 quashed; petitioner released from prosecution and bail bond discharged.
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 P.UBAID
FRIDAY, THE 15TH DAY OF JANUARY 2016/25TH POUSHA, 1937
Crl.MC.No. 44 of 2016 ()
CC 1580/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT, VADAKARA
PETITIONER/ACCUSED :
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ASHOKAN, AGED 55 YEARS, S/O.KANARAN, KUNIYIL HOUSE, J.T. ROAD, VATAKARA VILLAGE, VATAKARA TALUK, VATAKARA P.O., KOZHIKODE DISTRICT, PIN-673 101.
BY ADVS.SRI.ABU MATHEW SRI.AJU MATHEW
RESPONDENTS/COMPLAINANT AND DE FACTO COMPLAINT :
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. MOHANAN V.K., AGED 65 YEARS, S/O.KELAPPAN, VATTAKKANDIYIL HOUSE, NADAKKUTHAZHA VILLAGE, VATAKARA TALUK, PUTHUPPANAM P.O., VATAKARA, KOZHIKODE DISTRICT PIN-673 105.
3. SATHY, AGED 59 YEARS, W/O.MOHANAN V.K., VATTAKKANDIYIL HOUSE, NADAKKUTHAZHA VILLAGE, VATAKARA TALUK, PUTHUPPANAM P.O., VATAKARA, KOZHIKODE DISTRICT PIN-673 105.
R1 BY PUBLIC PROSECUTOR SRI. JUSTIN JACOB R2 & R3 BY ADV. SRI.VINUCHAND
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
Crl.MC.No. 44 of 2016 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE-A1: CERTIFIED COPY OF THE FIR IN CRIME NO.690/2014 OF VADAKARA POLICE STATION WITH THE COMPLAINT OF THE 2ND RESPONDENT. ANNEXURE-A2: CERTIFIED COPY OF THE FIR IN CRIME NO.690/2014 OF VADAKARA POLICE STATION FILED IN CC 1580/2014 ON THE FILE OF THE JFCMC, VATAKARA. ANNEXURE-A3: AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT/DE-FACTO COMPLAINT IN CRIME NO.690/2014 OF VATAKARA POLICE STATION. ANNEXURE-A4: AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT/CW2 COMPLAINT IN CRIME NO.690/2014 OF VATAKARA POLICE STATION.
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
bp
P.UBAID, J.
--------------------------------------Crl.M.C No.44 of 2016 ---------------------------------------
Dated this the 15th day of January, 2016
O R D E R
The petitioner herein is the accused in C.C No.1580/2014 of the Judicial First Class Magistrate Court, Vatakara. He seeks orders quashing the prosecution on the ground of amicable settlement of the whole dispute between him and the de facto complainant. Crime in this case was registered under Section 17 of the Kerala Money Lenders Act on the complaint of one Mohanan who is the second respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. He has filed affidavit to the effect that he has settled the whole dispute with the accused, and he has no grievance or complaint now.
2
Crl.M.C No.44 of 2016
In the result, this petition is allowed. The prosecution against the petitioner herein in C.C No.1580/2014 of the Judicial First Class Magistrate Court, Vatakara will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioner will stand released from prosecution, and the bail bond, if any, executed by him will stand discharged.
Sd/P.UBAID JUDGE //True Copy//
ab
2 issues framed by the court
Whether the High Court can quash prosecution under Section 482 CrPC in a case involving an offence under Section 17 of Kerala Money Lenders Act upon amicable settlement.
Whether the settlement between the accused and the complainant resolves the dispute sufficiently to warrant quashing the proceedings.
Colour shows how this judgement treated each authority
Hon'ble Supreme Court decisionsFollowed¶33
2 provisions across 2 enactments
ASHOKAN
STATE OF KERALA
MOHANAN V.K.
SATHY
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
P.UBAID
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