Petitioner challenged tax payment proceedings done under false premises of marriage. High Court allowed quash petition on grounds of amicable settlement and stated that offence did not have grave ingredients.
Appendix-A (FIR) and Final Report are quashed. Paragraph C (Sale deed) also relevant.
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 RAJA VIJAYARAGHAVAN V
MONDAY, THE 31ST DAY OF OCTOBER 2016/9TH KARTHIKA, 1938
Crl.MC.No. 4437 of 2015 ()
CRIME NO. 649/2015 OF PUNALUR POLICE STATION , KOLLAM
PETITIONER(S)/PETITIONER/ACCUSED:
K.S.DINESH
S/O K.SASIDHARAN, AGED 40 YEARS, SNEHA, KUTHIRACHIRA, PUNALUR P.O., PIN:691305.
BY ADVS.SRI.S.SREEKUMAR (SR.)
SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA SRI.MANJUNATH MENON
RESPONDENT(S)/RESPONDNETS/COMPLAINANT:
1. THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN:682031.
2. SMT. PRIYANKA PRABHAKAR
D/O S.PRABHAKARAN, BEENA BHAVAN, T.C.30/1876, KANNAMOOLA, PATTAH P.O., TRIVANDRUM-695024.
R1 BY ADV. PUBLIC PROSECUTOR, SRI. AMJAD ALI R2 BY ADV. SRI.JOHNSON GOMEZ R2 BY ADV. SRI.S.BIJU (KIZHAKKANELA)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CONTD...
:2:
Crl.MC.No. 4437 of 2015 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A: CERTIFIED COPY OF FIR IN CRIME NO.649/2015 OF PUNALUR POLICE STATION.
ANNEXURE B: CERTIFIED COPY OF FINAL REPORT IN CRIME NO.649/2015 OF PUNALUR POLICE STATION.
ANNEXURE C: TRUE COPY OF SALE DEED NO.1637 OF 2008.
ANNEXURE D: TRUE COPY OF RECEIPT DATED 27.4.2013 FOR PAYMENT OF BASIC TAX FOR THE YEAR 2013-2014.
ANNEXURE E: TRUE COPY O.P.NO.888 OF 2014 FILED BY SRI. ANOOP SADASIVAN FILED BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM.
ANNEXURE F: TRUE COPY BASIC TAX RECEIT FOR THE PERIOD 2015-16 ON 1.4.2015.
RESPONDENT(S)' EXHIBITS : NIL
//TRUE COPY//
P.A. TO JUDGE
SKS
RAJA VIJAYARAGHAVAN, V., J.
Crl.M.C. No. 4437 of 2015
Dated this the 31st day of October, 2016
O R D E R
~~~~~~~~
Crl. M.C. No. 4437 of 2015
2
disputes have been amicably resolved between the parties. Reference is made to the affidavit sworn to by the 2nd respondent and produced before Court, wherein it is stated that disputes between the 2nd respondent and her husband has been settled and they have filed an application for divorce under Section 13B of the Hindu Marriage Act, 1955.
6.The learned counsel appearing for the party respondent submits that the dispute between the parties has been amicably resolved. Attention of this Court is invited to the affidavit filed by the 2nd respondent to buttress his submission . It is urged that the dispute is purely personal in nature and would not affect public peace or tranquility . Summing up it is prayed that the criminal proceedings be terminated to promote peace and harmony.
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3
the proceedings on the basis of settlement. It is submitted that the invocation of powers under Section 482 of the Code in a case of this nature is not warranted. However, it is submitted that no other cases are reported against the petitioner.
8.I have considered the submissions .
Apex Court has laid down 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. It was observed as
follows :
“61. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above
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4
question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings.”
10.The aforesaid dictum stands reiterated by the Apex Court
in Narinder singh v. State of Punjab. (2014) 6 SCC
466, the pertinent observations which are as under:
XXXXXXXXXXXX
29.2. When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure:
(i) ends of justice, or
(ii) to prevent abuse of the process of any court. While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives.
xxxxxxx
xxxxxxx
in this case will have a serious impact on the society .It is
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5
felt that quashing of proceedings on account of compromise would bring about peace and secure the ends of justice. Even otherwise, persisting with the prosecution would be nothing but a waste of time as the prospects of conviction would be bleak.
In the result, this petition will stand allowed. Annexure-B final report and all proceedings pursuant thereto against the petitioner now pending as C.C.No. 596 of 2015 of Judicial First Class Magistrate Court-III, Punalur are quashed.
RAJA VIJAYARAGHAVAN V. JUDGE
SKS
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether the criminal proceedings filed under Section 138 NI Act can be quashed on account of amicable settlement between the parties and to prevent abuse of process of law.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabExplained¶52
Gian singh v. State of Punjab (2012) 10 SCC 303 · Who else cites this
Narinder Singh v. State of PunjabExplained¶59
Narinder singh v. State of Punjab. (2014) 6 SCC 466 · Who else cites this
1 provisions across 1 enactments
K.S.Dinesh
The State of Kerala
Smt. Priyanka Prabhakar
Raja Vijayaraghavan V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
