Criminal miscellaneous petition filed by two accused to quash underlying criminal proceedings for cheating and criminal breach of trust. Court allowed petition citing post-settlement amicable resolution and reliance on Supreme Court precedents.
Criminal Miscellaneous Case allowed; criminal proceedings in C.C.No.1122 of 2019 quashed.
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 V.G.ARUN
THURSDAY, THE 26TH DAY OF NOVEMBER 2020 / 5TH AGRAHAYANA, 1942
Crl.MC.No.2731 OF 2020(B)
CC 1122/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, ALUVA CRIME NO.5126/2017 OF ALUVA EAST POLICE STATION , Ernakulam
PETITIONERS/ACCUSED 1 AND 2:
1 MUHAMMED N.M. AGED 44 YEARS S/O.MAKKAR, NEDUNGATTUKUDY HOUSE, OKKAL P.O., PERUMBAVOOR, CHELAMATTAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM.
2 THWAYYIBA.M.M., AGED 26 YEARS D/O.LATE M.K.MEETHIAN, MECHACHERY HOUSE, KUNNUKARA VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT.
BY ADVS. SRI.VARGHESE C.KURIAKOSE SHRI.SUSANTH SHAJI
RESPONDENTS/STATE AND COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2 THE SUB INSPECTOR OF POLICE, ALUVA EAST POLICE STATION, ERNAKULAM.
3 ALTHAF, AGED 26 YEARS S/O.IBRAHIMKUTTY, VATTAMANAPARAMBIL HOUSE, ERAMAM, MUPPATHADAM, ALUVA-683 110.
4 NAFSIA, AGED 20 YEARS, D/O N.H. KARIM, NADUPARAMBIL HOUSE, CHUNANGAMVELI KARA, ALUVA EAST VILLAGE, ALUVA TALUK ERNAKULAM DISTRICT,PIN-683 101
Crl.MC.No.2731 OF 2020
2
5 JESNA, AGED 21 D/O JAMAL, ANCHUMURI HOUSE, CHUNANGAMVELI KARA, ALUVA EAST VILLAGE,
ALUVA TALUK ERNAKULAM DISTRICT,PIN-683 101
6 ABEENA
AGED 21 YEARS, D/O HAMEED, CHELEKKADU HOUSE, CHUNANGAMVELI KARA, ALUVA EAST VILLAGE,
ALUVA TALUK ERNAKULAM DISTRICT,PIN-683 101
7 NOUFIYA, AGED 22 YEARS, D/O NAZAR, THOPPIL HOUSE,CHUNANGAMVELI KARA, ALUVA EAST VILLAGE, ALUVA TALUK ERNAKULAM DISTRICT,PIN-683 101
10 SINCHU
AGED 24 YEARS, D/O VARGHESE, KANNAMPUZHA VILLAGE, CHITTATTUKARA, VADAKKEKKARA VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT,PIN-683 513
AGED 22 YEARS, D/O ABDUL HAMEED, ANJILIMOOTTIL HOUSE, KAPPRASSERI KARA, CHENGAMANADU VILLAGE ERNAKULAM DISTRICT,,PIN-683 585
Crl.MC.No.2731 OF 2020
3
PIN- 683 110
15 K.A.JIFNARA FARGATH, AGED 20 YEARS, D/O ABOOBACKER, KAPPAPARAMBIL HOUSE, KAIPURIKKARA, MARAMPALLY VILLAGE, ERNAKULAM DISTICT- 683 547
19 RAMEES, AGED 20 S/O ABDUL RAHIM, KANNAMKARATH HOUSE, KUNJUNNIKKARA KARA, KADUNGALLUR VILLAGE, ERNAKULAM DISTRICT, PIN- 680 664
20 ANJALI BABY, AGED 24, W/O VIPIN BENNY, CHERUVILPARAMBU HOUSE, PAZHANGANADU KARA, KIZHAKKAMBALAM VILLAGE, PIN-683 562
21 AMAL, AGED 21 YEARS, S/O ASOKAN, THIYYAMBURATHUKKUDY HOUSE, AMBEDKAR COLONY, EDATHALA NORTH KARA, ALUVA WEST VILLAGE, PIN-683 101
22 RUPHILE, AGED 20 YEARS, S/O PA. NAZAR PATHANAYATH HOUSE, PENGOTTUSSERY KARA, ALUVA EAST VILLAGE, ALUVA TALUK ERNAKULAM DISTRICT, PIN- 683 101
BY ADVS. R3 BY ADV. SABU GEORGE SR.PP.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.2731 OF 2020
4
O R D E R
Dated this the 26th day of November 2020
Petitioners are the accused in Crime No. 5126 of 2017 registered at the Aluva East Police Station, Ernakulam, for offences punishable under Sections 406 and 420 of IPC, now pending as C.C.No. 1122/2019 on the files of the Judicial First Class Magistrate Court-I, Aluva. The de facto complainant, at whose instance the crime was registered and the other injured person, are arrayed as the respondent Nos. 3 to 22. AnnexureA5 affidavit has been filed by the 3rd respondent stating that the dispute, which led to registration of the crime, has been settled amicably and that he has no subsisting grievance against the petitioners. All other aggrieved persons are impleaded and served with notice. The learned Public Prosecutor submits, on instructions, that all those persons have given statements to the police stating that their dispute with the petitioners is resolved, and they have no subsisting grievance against the petitioners.
Crl.MC.No.2731 OF 2020
5
nature of the injury caused and having perused the affidavit filed by the 3rd respondent, the contents of 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.
In the result, this Crl.M.C is allowed. The proceedings in C.C.No.1122 of 2019 on the files of the Judicial First Class Magistrate Court-I, Aluva, is quashed.
Sd/V.G.ARUN JUDGE
VPK
Crl.MC.No.2731 OF 2020
6
APPENDIX
PETITIONER'S/S EXHIBITS:
| ANNEXURE A1 | PHOTOCOPY OF THE FIRST INFORMATION STATEMENT IN CRIME NO.5126/2017 ON THE FILES OF ALUVA FAST POLICE STATION. |
|---|---|
| ANNEXURE A2 | PHOTOCOPY OF THE FIR IN CRIME NO.5126/2017 ON THE FILES OF ALUVA EAST POLICE STATION. |
| ANNEXURE A3 | CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.5126/2017 ON THE FILES OF ALUVA EAST POLICE STATION. |
| ANNEXURE A4 | PHOTOCOPY OF THE REPORT DATED 03.12.2018 SUBMITTED BY THE DYSP TO SUPERINTENDENT. |
| ANNEXURE A5 | ORIGINAL OF THE AFFIDAVIT FILED BY THE 3RD RESPONDENT. |
3 issues framed by the court
Whether criminal proceedings under Sections 406 and 420 IPC can be quashed upon settlement and determination that no public interest is involved.
Whether continuance of proceedings in the presence of a settlement amounts to an abuse of process of the court.
Whether the requirements for quashing proceedings under Supreme Court precedents are satisfied in this case.
Colour shows how this judgement treated each authority
Madan Mohan Abbot v. State of PunjabRelied on¶55
Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] · Who else cites this
Gian Singh v. State of Punjab and anotherRelied on¶55
Gian Singh v. State of Punjab and another [(2012) 10 SCC 303] · Who else cites this
MUHAMMED N.M.
THWAYYI B.M.M.
STATE OF KERALA
ALTHAF
NAFSIA
JESNA
V.G. ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
