This criminal miscellaneous case sought to quash criminal proceedings for cheating and criminal breach of trust filed against the petitioner. The High Court, noting a full and final civil settlement and the petitioner's severe medical condition, invoked Section 482 CrPC.
Quashing of all proceedings as against the petitioner in C.C. No. 2648 of 2015.
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
FRIDAY, THE 18TH DAY OF NOVEMBER 2016/27TH KARTHIKA, 1938
Crl.MC.No. 6965 of 2016 ()
AGAINST THE ORDER/JUDGMENT IN CC 2648/2015 of J.M.F.C.-I,HOSDRUG DATED CRIME NO. 334/2014 OF CHEEMENI POLICE STATION , KASARGOD
PETITIONER(S)/ACCUSED:
BY ADV. SRI.A.ARUNKUMAR
RESPONDENT(S)/STATE/COMPLAINANT:
R2 BY ADV. SRI.P.PAULOCHAN ANTONY R BY PUBLIC PROSECUTOR, SRI.AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CONTD....
:2:
Crl.MC.No. 6965 of 2016 () ---------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE AI : A TRUE COPY OF THE COMPLAINT FILED BEFORE JFCM-I, HOSDURG. ANNEXURE AII : A TRUE COPY OF THE FIR IN CRIME NO.334 OF 2014 OF CHEEMENI POLICE STATION.
ANNEXURE AIII :A TRUE COPY OF THE FINAL REPORT IN CRIME NO.334 OF 2014 OF CHEEMENI POLICE STATION.
ANNEXURE AIV : A TRUE COPY OF THE MEMO SUBMITTED BY THE COUNSEL FOR THE 2ND RESPONDENT BEFORE SUB COURT, HOSDURG.
ANNEXURE AV : A TRUE COPY OF THE ORDER DATED 21-10-2015 IN EP NO.59 OF 2012
ANNEXURE AVI : A TRUE COPY OF THE LETTER DATED 1-1-2016 ISSUED BY THE 2ND RESPONDENT.
ANNEXURE AVII :A TRUE COPY OF THE CERTIFICATE AND DISCHARGE SUMMARY ISSUED FROM THE AMRITHA INSTITUTE OF MEDICAL SCIENCE, KOCHI.
RESPONDENT(S)' EXHIBITS : NIL
//TRUE COPY//
P.A. TO JUDGE
SKS
RAJA VIJAYARAGHAVAN.V., J
ORDER
1.The petitioners herein are the accused Nos. 1 and 2 in C.C.
No. 2648 of 2015 on the file of the Judicial First Class
Magistrate I, Hosdurg. The 2nd respondent is the de facto complainant.
Crl. M.C. No. 6965 of 2016 2
before Judicial First Class Magistrate I, Hosdurg which was forwarded to the police based on which Annexure AII FIR was registered. After investigation, Annexure AIII final report was laid alleging offences punishable under Sections 107, 120 A, 405, 420, 468 r/w Section 34 of the IPC. Simultaneously proceedings before civil court was also initiated which is pending as O.S.No. 56 of 2008 on the file of the Court of Subordinate Judge, Thalassery.
Crl. M.C. No. 6965 of 2016 3
Judge, Thalassery in full and final satisfaction of all their claims.
7.The learned counsel appearing for the petitioner referred to Annexure A VII medical certificate issued by the Clinical Professor, Amrita Institute of Medical Sciences to contend that the petitioner had underwent liver transplant surgery expending a sum of Rs. 20 lakhs. Reliance is also placed on Annexure A VII copy of the treatment certificate to portray the sad plight of the petitioner.
Crl. M.C. No. 6965 of 2016 4
8.It is also pointed out by the learned counsel that the petitioner is a retired Army man and relying on the decision of the Apex Court in Paramjeet Batra v. State of Uttarakhand and anr ., [(2013) 11 SCC 673]. It is contended that in view of the finality achieved in the civil proceedings, the continuance of criminal proceedings is nothing, but an abuse of process of law.
Crl. M.C. No. 6965 of 2016
5
invoking its powers under Section 482 of the Code of Criminal Procedure to bring the criminal proceedings to its termination.
In the result, the petition is allowed and all further proceedings as against the petitioner now pending as C.C. No. 2648 of 2015 on the file of the Judicial First Class Magistrate-I, Hosdurg are quashed.
Sd/-
RAJA VIJAYARAGHAVAN.V., JUDGE
SKS
//TRUE COPY//
P.A. TO JUDGE
3 issues framed by the court
Whether criminal proceedings under Bharatiya Nyaya Sanhita (Sections 405, 420, 468) should be quashed given the full and final settlement and the petitioner's severe health issues.
Whether the continuance of criminal proceedings amounts to an abuse of the process of law in light of the civil proceedings finality.
Whether powers under Section 482 CrPC are exercisable to terminate pending criminal proceedings to prevent harassment of the petitioner.
Colour shows how this judgement treated each authority
Paramjeet Batra v. State of Uttarakhand and anr.Relied on¶8
Paramjeet Batra v. State of Uttarakhand and anr. [(2013) 11 SCC 673] · Who else cites this
1 provisions across 1 enactments
PRADEEPAN.K
SUMESH K.
STATE OF KERALA
HOUSING AND URBAN DEVELOPMENT CORPORATION LTD
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
