The High Court quashed criminal proceedings after accepting that the offence under the Money Lenders Act and IPC was amicable settled. The court endorsed the fact that the entire amount was paid and accepted the mediation settlement.
Quashing of all further proceedings in C.C.No.373/2017 and the final report thereof.
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 P.SOMARAJAN
FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942
Crl.MC.No.6523 OF 2017(E)
CC 373/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS, CHITTUR CRIME NO.724/2015 OF KOLLENGODE POLICE STATION, PALAKKAD
PETITIONER/1st ACCUSED:
ASOKAN P.K., S/o KUJAPPAM, PATHAMPADAM HOUSE, EDATHARA, PALAKKAD
BY ADV. SRI.VINOD KUMAR.C
RESPONDENT/COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY SI OF POLICE, KOLLENGODE POLICE STATION, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682031.
2 K S GOPALAKRISHNAN, S/O KRISHNAPILLA, GOKULAM, PALLASANA, KOLLENGODE, CHITTUR, PALAKKAD – 678 001.
R1 BY PUBLIC PROSECUTOR SRI. E.C.BINEESH R2 BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.6523 of 2017
2
ORDER
The crime registered for the offence under Section
17 of Money Lenders Act, Sections 3 and 9 of
Prohibition of Charging Exorbitant Interest Act, 2012 and also under Sections 120B, 465, 468, 471, 506 r/w Section 34 IPC was settled amicably between the parties and the same was accepted by this court by order dated 12.03.2019 by which some more time was granted for
effecting payment as per the settlement. It is reported that the entire amount due was paid, which was endorsed by the learned counsel appearing for the defacto complainant. Hence the settlement arrived at by the parties at the intervention of the mediation is hereby accepted. Crl.M.C. is allowed by quashing all further proceedings in C.C.No.373/2017 pending before the Judicial First Class Magistrate, Chittur, and the final report thereof.
Crl.M.C. is allowed accordingly.
P.SOMARAJAN
JUDGE
DMR/-
Crl.M.C.No.6523 of 2017
3
APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE 1 COPY OF COMPLAINT IN CMP 2436/2015 OF JFMC CHITOOR ANNEXURE 2 FIR IN CR. NO. 724/2015 ANNEXURE 3 FINAL REPORT IN CC 373/2017 OF JFCM CHITTUR ANNEXURE 4 NOTICE DATED 31/01/2015 ANNEXURE 5 REPLY NOTICE DATED 19/2/2015 ANNEXURE 6 COMPLAINT IN ST 1045/2017 OF JFCM CHITOOR ANNEXURE 7 COPY OF SEARCH LIST DATED 26/01/2017 RESPONDENTS' ANNEXURE: NIL
// TRUE COPY //
P.A. TO JUDGE
2 issues framed by the court
Whether criminal proceedings should be quashed on account of amicable settlement and full payment.
Whether the claimed settlement arrived at through mediation is valid and accepted by the court.
3 provisions across 3 enactments
Asokan P.K.
State of Kerala
K S Gopakrishnan
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
