This judgement involves a petitioner accused of cheating and criminal breach of trust. The court examined a settlement affidavit filed by the defacto complainant and proceeded to quash the criminal proceedings in the interest of justice.
All further proceedings pursuant to FIR in Crime No.190/2022 of Njarakkal Police Station against the petitioner are quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 19TH DAY OF AUGUST 2022 / 28TH SRAVANA, 1944
CRL.MC NO. 1671 OF 2022
Crime No.190/2022 of Narakkal Police Station
PETITIONER/ACCUSED:
RAJASEKHARAN AGED 41 YEARS
SON OF SUBRAMANIAN, KANYAKUMARIYIL, KANDAMKULAM, METHALA S.O., THRISSUR, KERALA, PIN - 680669
BY ADV K.S.KESHOR KUMAR
RESPONDENT/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI ERNAKULAM, PIN - 682031
2 KABEER K N AGED 26 YEARS SON OF NAUSHAD BABU, KATTUPARAMBIL HOUSE, PUTHUVYPPU, AZHIKKAL, PIN - 682508
BY ADVS. PUBLIC PROSECUTOR PAUL DALIN K D
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19.08.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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O R D E R
Petitioner is the accused in Crime No.190/2022 of Narakkal Police Station which was registered for the offences punishable under Sections 406 and 420 of Indian Penal Code.
2 . The case against the petitioner is that, in violation of the agreement pertaining to a vehicle bearing registration No. KL-47-H-9187 which is a Bolero Pick Up Van, the petitioner taken away the said vehicle without the knowledge and consent of the 2nd respondent/defacto complainant and thereby committed the offences. Annexure-A1 is the FIR registered by the Police. This Crl. M.C is filed for quashing all further proceedings pursuant to the Annexure-A1.
3 . Heard Sri. Keshor Kumar K.S, the learned counsel appearing for the petitioner, Sri. C.S Hrithwik, the learned Public Prosecutor appearing for the State and Sri. K.D Paul Dalin, the learned counsel appearing for the 2nd respondent.
4 . The prayer for quashing the above proceedings is sought for by the petitioner on the ground that, the dispute
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between the parties has been settled and to substantiate the same, the defacto complainant/2 nd respondent has sworn Annexure-A2 affidavit. The aforesaid affidavit indicates that, the matter has been settled and the 2nd respondent has no subsisting grievance against the petitioner herein. He also conveyed that he has no objection in quashing the proceedings against the petitioner herein. The learned counsel for the 2nd respondent/defacto complainant also confirmed the same. The learned Public Prosecutor upon instructions submitted that the veracity of the settlement was verified by the Station House officer concerned and before the SHO also, the 2nd respondent has reiterated that, he does not have any objection in quashing the proceedings as he has no subsisting grievance against the petitioner herein.
5 . Going through the materials available on record, it is discernible that, the dispute is basically private in nature and on account of settlement arrived at between the parties, no purpose would be served if the proceedings against the petitioner herein were allowed to continue. In such circumstances, the chances of a successful prosecution are very bleak. Therefore, I am of the view
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that going by the decision in Gian Singh v. State of Punjab and Another [2012(4) KLT 108], this is a fit case in which the powers of this Court under Section 482 of the Code of Criminal Procedure can be invoked.
Accordingly, this Crl.M.C. is allowed. All further proceedings pursuant to Annexure-A1, FIR in Crime No.190/2022 of Njarakkal Police Station as against the petitioner are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A
JUDGE
rpk
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APPENDIX OF CRL.MC 1671/2022
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF FIRST INFORMATION REPORT IN CRIIME NO. 190/2022 OF NARAKKAL POLICE STATION Annexure A2 AFFIDAVIT FILED BY THE DEFACTO COMPLAINANT
2 issues framed by the court
Whether Criminal Miscellaneous Case No. 1671 of 2022 warrant quashing of proceedings pursuant to the FIR in Crime No. 190/2022 of Narakkal Police Station due to settlement between parties?
Whether Section 482 of the Code of Criminal Procedure is invocable in this case to quash the proceedings?
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherFollowed¶27
Gian Singh v. State of Punjab and Another [2012(4) KLT 108]
3 provisions across 2 enactments
Rajasekharan
State of Kerala
Kabeer K N
Ziyad Rahman A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
