Court dismissed a criminal Miscellaneous case filed under Section 482 Cr.P.C. seeking to quash trial proceedings based on settlement. Payment to the third respondent bank did not absolve the offence, and public interest necessitated dismissal.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
THURSDAY, THE 7TH DAY OF JUNE 2018 / 17TH JYAISHTA, 1940
Crl.MC.No. 3159 of 2018
C.C.NO. 500/2015 OF CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD
CRIME NO. 1218/2010 OF KASARAGOD KASABA POLICE STATION
PETITIONER(S)
PRAKASH BHAT K., AGED 51, S/O.ANANTHA BHAT, MALLIKA QUARTERS, NEAR MALLIKA ENTERPRISES, KUMBALA, KOIDPADY VILLAGE, KUMBALA P.O, KASARAGODE TALUK, KASARAGOD DISTRICT, NOW RESIDING AT NEAR KANATHATT TEMPLE, PALLIKKARA, NEELESWARAM, NEELESWARAM VILLAGE, HOSDURG TALUK, KASARAGODE DISTRICT.
BY ADV.SRI.VARGHESE C.KURIAKOSE
RESPONDENT(S):
1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. THE SUB INSPECTOR OF POLICE, KASARAGOD KASABA POLICE STATION, KASARAGOD-671 121.
3. THE PUNJAB NATIONAL BANK, KASARAGOD BRANCH, KASARAGOD.P.O, SHOBHA ARCADE, ASWINI NAGAR, KASARAGOD-671 121, REP.BY MANAGER.
R1 & R2 BY SR.PUBLIC PROSECUTOR SRI.ALEX M.THOMBRA R3 BY ADV. SRI.SANTHEEP ANKARATH, S.C
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
08.06.2018
Crl.MC.No. 3159 of 2018
PETITIONER(S)' ANNEXURES :
ANNEXURE-1 CERTIFIED COPY OF FIR. ANNEXURE-2 CERTIFIED COPY OF THE FINAL REPORT. ANNEXURE-3 PHOTOSTAT COPY OF THE NO DUE CERTIFICATE. ANNEXURE-4 PHOTOSTAT COPY OF THE LETTER DATED 27.03.2018 SUBMITTED BY THE PETITIONER BEFORE 3RD RESPONDENT.
RESPONDENT(S)' ANNEXURES :
NIL
//TRUE COPY//
P.S.TO JUDGE
Msd.
08.06.2018
K. ABRAHAM MATHEW, J.
Crl.M.C. No. 3159 of 2018
-------------------------------------------------Dated this the 7th day of June, 2018
O R D E R
Petition filed under Section 482 Cr.P.C.
The prayer is objected to by it. It is true that the amount involved in the incident has been paid by the petitioner to the third respondent bank. That is no ground to quash the proceedings since the payment will not erase or efface the offence. As submitted by the learned counsel for the third respondent, public interest is involved in this case. For these reasons, this Crl.M.C. is only to be dismissed.
Accordingly, this Crl.M.C. is dismissed.
Sd/- K. ABRAHAM MATHEW JUDGE
bka/07.06.2018
2 issues framed by the court
Whether settlement with the victim bank is a ground to quash criminal proceedings despite the bank refusing.
Whether payment of the amount involved erases the offence when public interest is involved.
PRAKASH BHAT K.
STATE OF KERALA
SUB INSPECTOR OF POLICE, KASARAGOD KASABA POLICE STATION
PUNJAB NATIONAL BANK, KASARAGOD BRANCH
K. ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
