Quashed

Agnus Annie Joseph v. State of Kerala Represented by the Public Prosecutor

Kerala HC25 Mar 2022Crl.MC/1461/2022

Case brief

AI extract

What is this about?

The High Court of Kerala quashed criminal proceedings in a money lending and forgery case involving the petitioners after the de facto complainant confirmed the settlement and abandoned the matter, stating that no subsisting grievance existed.

What did the court decide?

Entire proceedings in C.C. No. 117 of 2019 were quashed and the petitioners were exonerated.

Agnus Annie Joseph Vs State of Kerala Represented by the… — Money Laundering | Kerala HC (2022)

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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 K.HARIPAL

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FRIDAY, THE 25^TH DAY OF MARCH 2022 / 4TH CHAITHRA, 1944

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CRL.MC NO. 1461 OF 2022

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AGAINST THE ORDER/JUDGMENT IN CC 117/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, KANJIRAPPALLY

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PETITIONERS/ACCUSED Nos 1 AND 2:

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1 AGNUS ANNIE JOSEPH AGED 41 YEARS W/O. SINOY, THUNDIYIL HOUSE, YENTHAYAR P.O., KOOTTICKAL VILLAGE, KOTTAYAM DISTRICT, PIN - 686514 2 SINOY AGED 43 YEARS S/O KURIAN, THUNDIYIL HOUSE, YENTHAYAR P.O., KOOTTICKAL VILLAGE, KOTTAYAM DISTRICT, PIN - 686514 BY ADVS.

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LIJI.J.VADAKEDOM TOM E. JACOB REXY ELIZABETH THOMAS

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RESPONDENTS/STATE, COMPLAINANT AND DE FACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR

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HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

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2 SUB INSPECTOR OF POLICE-MUNDAKAYAM MUNDAKAYAM POLICE STATION, MUNDAKAYAM, KOTTAYAM, PIN - 686513

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3 SUDHEESH AGED 42 YEARS S/O M. N. SASEENDRAN, MYLIYANKAL HOUSE, MUKKULAM EAST P.O., KOKKAYAR, IDUKKI, PIN - 686514 BY ADVS. PUBLIC PROSECUTOR D.KISHORE

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SR.PP - SRI. HRITHWIK C.S.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.03.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl. M. C. NO. 1461 OF 2022

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O R D E R

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Petitioners are the accused in Crime No. 1638 of 2018 of Mundakkayam police station registered on 08.12.2018 alleging offences punishable under Sections 420, 467, 468 read with Section 34 of the IPC besides under Section 3 read with 17 of the Kerala Money Lenders Act, 1958 and Section 3 read with 9 of the Kerala Prohibition of Charging Exorbitant Interest Act, 2012.

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On conclusion of investigation, charge sheet has been laid against the accused persons on the above stated counts. The crime was launched on the First Information Statement furnished by the 3^rd respondent, the de facto complainant. Now it is stated that the matter is settled and the petitioners have moved this Court under Section 482 of the Cr.P.C. seeking to quash the proceedings under Section 482 of the Cr.P.C.

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I heard the learned counsel for the petitioners, the learned Senior Public Prosecutor, and also the learned counsel for the 3^rd respondent.

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The learned counsel for the 3^rd respondent also says

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Crl. M. C. NO. 1461 OF 2022

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that the matter is settled. Similarly, the learned Senior Public Prosecutor has confirmed the settlement. The crime had originated on a private complaint moved by the 3^rd respondent before the Judicial First Class Magistrate's Court-I, Kanjirappally. Now the matter is settled. Annexure-V affidavit of the 3^rd respondent further indicates that he has no subsisting grievance against the petitioners and has no objection in quashing the proceedings. Even though it cannot be stated, in the nature of allegations that the case involves no public interest, so long as the de facto complainant has backed out, it is idle to proceed against the petitioners.

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Therefore, entire proceedings in C.C. No. 117 of 2019 before the Judicial First Class Magistrate's Court-I, Kanjirappally are quashed and the petitioners shall stand exonerated.

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The Criminal Miscellaneous Case is allowed as above.

Sd/-

K. HARIPAL

JUDGE

RMV/25/03/2022

APPENDIX OF CRL.MC 1461/2022

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PETITIONER ANNEXURES
Annexure-I	THE CERTIFIED COPY OF THE FIR ALONG WITH THE FIS
Annexure-II	THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.
	1638/18 OF MUNDAKAYAM POLICE STATION
Annexure-III	THE COPY OF THE COMPLAINT IN ST NO. 359/2019 BEFORE THE
	JUDICIAL FIRST CLASS MAGISTRATE COURT-I,
	KANJIRAPPALLY
Annexure-IV	THE COPY OF THE RECEIPT DATED 17/2/2022 ISSUED BY THE PETITIONER IN FAVOUR OF THE 3RD RESPONDENT
Annexure-V	THE AFFIDAVIT DATED 17.2.2022 EXECUTED BY THE 3RD
	RESPONDENT/DE FACTO COMPLAINANT

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TRUE COPY

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P.A.TO JUDGE

Agnus Annie Joseph v. State of Kerala Represented by the Public Prosecutor

Case brief

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Agnus Annie Joseph v. State of Kerala Represented by the Public Prosecutor

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