The High Court quashed criminal proceedings alleging cheating by a money deal. The complainant confirmed settlement and full payment, leading the Court to exonerate the accused and dismiss the complaint.
Criminal proceedings in C.C.No.1431/2021 are quashed and petitioners are exonerated.
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 K.HARIPAL
THURSDAY, THE 10TH DAY OF FEBRUARY 2022 / 21ST MAGHA, 1943
CRL.MC NO. 113 OF 2022
[C.C.No.1431/2021 of the Judicial First Class Magistrate Court, Piravom, which arose from the final report in Crime No.1128/2019 of Piravom Police Station]
PETITIONERS/ACCUSED 1 TO 4:
1 ROBIN THOMAS AGED 40 YEARS S/O. THOMAS, NIRAPPEL HOUSE, KOOTHATTUKULAM VILLAGE, EDAYAR, PIN 686 662 2 ANUMOL JOHNY AGED 31 YEARS W/O. ROBIN THOMAS, NIRAPPEL HOUSE, KOOTHATTUKULAM VILLAGE, EDAYAR, PIN 686 662 3 ABHIJITH SUDARSANAN AGED 32 YEARS S/O. SUDARSANAN, DHARSANA, CHEEPPUNGAL P.O, KUMARAKOM, KOTTAYAM PIN 686 563 4 SOBIN THOMAS AGED 36 YEARS NIRAPPEL HOUSE, KOOTHATTUKULAM VILLAGE, EDAYAR PIN 686 662 BY ADVS. SANTHOSH PETER (MAMALAYIL) P.N.ANOOP
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN 682 031 2 ELIYAS M.K. AGED 44 YEARS S/O. KURYAN, MECHERIL HOUSE, PAZHOOR KARA, PIRAVOM VILLAGE, ERNAKULAM DISTRICT PIN 686 664 BY ADV P.ABDUL NISHAD
OTHER PRESENT:
PP - SMT. SEENA C.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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O R D E R
Petitioners are the accused in C.C.No.1431/2021
of the Judicial First Class Magistrate Court, Piravom, which arose from the final report in Crime No.1128/2019 of Piravom Police Station. Offence under Section 420 read with 34 IPC is alleged against the accused persons, four in number. It is alleged that the petitioners had collected a total amount of Rs.5,52,000/- from the de facto complainant/the second respondent in different instalments by direct payment as well as through bank transfers offering to arrange a driver visa in Portuguese. Even though Rs.5,52,000/- was collected in different instalments, he was given Schengen visa from 16.7.2019 for 30 days only enabling him to visit one of the Portugal countries for ten days. Thus, he was cheated by the accused persons and the crime was registered. After investigation, charge sheet was laid before court. Now it is contended that the matter is settled. The petitioners have approached this Court with the junction of the de facto
Crl.M.C.No.113 of 2022
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complainant seeking to quash the proceedings.
learned Senior Public Prosecutor as well as the learned counsel appearing for the second respondent, who have confirmed the settlement. Annexure A2 affidavit of the second respondent indicates that he has been paid an amount of Rs.2,50,000/- in full and final settlement of the amounts due to him and that he has no grievance against the petitioners.
Now the second respondent has stated in clear terms that the matter
is settled and he does not want to pursue the proceedings.
C.C.No.1431/2021 of the Judicial First Class Magistrate Court, Piravom, which arose from the final report in Crime No.1128/2019
of Piravom Police Station are quashed and the petitioners shall stand exonerated.
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Crl.M.C is allowed as above.
sd/-
K.HARIPAL, Judge
MBS/
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APPENDIX OF CRL.MC 113/2022
PETITIONERS' ANNEXURES Annexure A1 TRUE COPY OF THE CHARGE SHEET FILED BY THE PIRAVOM POLICE CRIME NO 1128/2019 DATED 2-08-2019 Annexure A2 AFFIDAVIT OF THE 2ND RESPONDENT DATED 3- 1-2021
2 issues framed by the court
Whether criminal proceedings for cheating based on a settled money deal must be quashed.
Whether the completion of settlement and payment extinguishes the right to pursue criminal charges for cheating.
Robin Thomas and 3 others
The State of Kerala
Eliyas M.K.
K.Haripal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
