Allowed

Joseph @ Sabu Joseph v. State of Kerala

Kerala HC15 Oct 2020Crl.MC/124/2020

Case brief

AI extract

What is this about?

The Court allowed a petition to quash FIR under IPC Sections 417 and 420. Satisfied that the dispute was settled amicably and no public interest was involved, the Court held continued proceedings an abuse of process, citing Madan Mohan Abbot and Gian Singh.

What did the court decide?

Petition Crl.M.C.No. 124 of 2020 allowed. Annexure I FIR and all proceedings in Crime No.1106 of 2019 quashed.

Joseph @ Sabu Joseph Vs State of Kerala — Quashing and FIR | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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THURSDAY, THE 15TH DAY OF OCTOBER 2020 / 23RD ASWINA, 1942

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Crl.MC.No.124 OF 2020(E)

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CRIME NO.1106/2019 OF Fort Kochi Police Station , Ernakulam

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PETITIONER/S:

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1 JOSEPH @ SABU JOSEPH AGED 43 YEARS

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S/O.JOSEPH.E.P,MANAGING DIRECTOR, JOC GLOBAL,NO.43,GROUND FLOOR,9TH CROSS ROAD,EJIPURA,VIVEKNAGAR,BANGALURU, KARNATAKA,PIN-560047.

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2 RAMKUMAR @ GAUTHAM RAMKUMAR, AGED 50 YEARS S/O.KRISHNA GOPAL,HOUSE NO.2140/6, 1ST FLOOR,GALI NO.3,CHUNAMANDI, PAHARGANJ,DELHI,PIN-110055.

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BY ADVS. SRI.S.ABHILASH SRI.K.SIJU SMT.S.REKHA KUMARI SMT.S.SEETHA SMT.ANJANA KANNATH

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM,PIN-31.

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2 STATION HOUSE OFFICER FORT COCHIN POLICE STATION, ERNAKULAM DISTRICT,PIN-682001.

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Crl.M.C.No. 124 of 2020

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3 K.H.ASHICK AGED 27 YEARS S/O HOMZA KOYA,KARUPANVEETTIL, CC2/963A,KONCHERY,FORT KOCHI, KONCHERY,FORT KOCHI,ERNAKULAM DISTRICT,PIN682001.

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R3 BY ADV. RENUKA VENU

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OTHER PRESENT:

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SR.PP.AMJAD ALI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION

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ON 15.10.2020, THE COURT ON THE SAME DAY PASSED THE

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FOLLOWING:

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Crl.M.C.No. 124 of 2020

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ORDER

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Dated this the 15^th day of October , 2020

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Petitioners are the accused in Crime No.1106 of 2019 registered at the Fort Cochin Police

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Station for offences punishable under Sections

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417 and 420 r/w 34 of IPC. The de facto

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complainant, at whose instance the crime was registered, is arrayed as the third respondent. Annexure-2, affidavit has been filed by the third respondent stating that the money transaction which led to registration of the crime, has been

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settled amicably and he has no subsisting grievance in the matter.

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2. Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioners have no criminal antecedents.

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3. Having considered the gravity of the offences alleged and having perused the affidavit filed by the third respondent, the contents of

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Crl.M.C.No. 124 of 2020

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which are submitted to be true and voluntary, I am satisfied that the dispute is settled and that no public interest is involved in this matter. Moreover, in view of the settlement, possibility of the criminal proceedings ending in conviction is remote. As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] and Gian Singh v. State of Punjab and another [(2012) 10 SCC 303], there is no impediment in granting the relief sought.

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In the result, this Crl.M.C is allowed. Annexure I FIR and all proceedings in Crime No.1106 of 2019 registered at the Fort Cochin Police Station, is quashed.

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Sd/- V.G.ARUN JUDGE

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Scl/15.10.2020

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Crl.M.C.No. 124 of 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE 1 THE COPY OF FIR IN CRIME NO.1106/2019 OF FORT COCHIN POLICE STATION ANNEXURE 2 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT REGARDING THE COMPROMISE DATED 03.01.2020.

Joseph @ Sabu Joseph v. State of Kerala

Case brief

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Joseph @ Sabu Joseph v. State of Kerala

Case brief

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