Allowed

Tomy Joseph v. State of Kerala

Kerala HC23 Dec 2022Crl.MC/2381/2021

Case brief

AI extract

What is this about?

The High Court of Kerala quashed criminal proceedings against several accused in a moneylending case. Relying on a private settlement affidavit and the Public Prosecutor's consent, the court held under Section 482 CrPC that continued prosecution was unfit as the dispute was resolved.

What did the court decide?

Criminal Misc. Case No. 2381/2021 allowed. All further proceedings in C.C. No. 867/2016 against the petitioners are quashed.

Tomy Joseph Vs State of Kerala — 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 ZIYAD RAHMAN A.A.

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FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944

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CRL.MC NO. 2381 OF 2021

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CC 867/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, ALUVA
CRIME NO.1912/2014 OF ALUVA EAST POLICE STATION

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PETITIONERS/ACCUSED:

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1TOMY JOSEPH
AGED 50 YEARS
S/O. JOSEPH, PARAPPILLI HOUSE, MATTOOR KARA,
MATTOOR VILLAGE, KALADY P.O.,
ERNAKULAM DISTRICT,PIN-683 574

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2MIDHUN
AGED 27 YEARS
S/O.SASI, PALIYEKKARA HOUSE,
NEAR ANGAMALI WEST CHURCH, ANGAMALI KARA,
ANGAMALI P.O., ERNAKULAM DISTRICT,
PIN-683 572

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3JENNY TOMY
AGED 42 YEARS
W/O. TOMY, PARAPPILLI HOUSE, MATTOOR KARA,
MATTOOR VILLAGE, KALADY P.O.,
ERNAKULAM DISTRICT,PIN-683 574

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4ANEESH ANTONY
AGED 28 YEARS
S/O. ANTONY, PARAPPILLI HOUSE, MATTOOR KARA,
MATTOOR VILLAGE, KALADY P.O., ERNAKULAM DISTRICT,
PIN-683 574

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5JITHU
AGED 25 YEARS

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S/O. JOSE, THATTIL HOUSE, KUNDOOR KARA,
KUZHOOR VILLAGE, THRISSUR DISTRICT, PIN-680 734

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6 THANKACHAN

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AGED 55 YEARS
S/O.PAPPU, VELUTHEPPILLI HOUSE, PARAPPURAM KARA,
KIZHAKKUMBHAGOM VILLAGE, KANJOOR P.O.,
ERNAKULAM DISTRICT,PIN-683 575

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CRL.MC NO. 2381 OF 2021

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7 BABY

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AGED 45 YEARS

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S/O.PAPPU, VELUTHEPPILLI HOUSE, PARAPPURAM
KARA, KIZHAKKUMBHAGOM VILLAGE, KANJOOR P.O.,
ERNAKULAM DISTRICT,PIN-683 575

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BY ADVS.
DINESH MATHEW J.MURICKEN
SRI.MANOJ VASU

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RESPONDENTS/COMPLAINANT & VICTIMS:

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1 STATE OF KERALA REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,PIN-682 031

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2 JOEMON AGED 50 YEARS

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S/O. ANTONY, KULANGARA HOUSE, MOOKKANNOOR KARA,
MUKKANNOOR VILLAGE, ALUVA TALUK, MOOKKANNOOR
P.O., ERNAKULAM DISTRICT,PIN-683 577

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3 SUSY ANTONY AGED 49 YEARS

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W/O. ANOTNY, VATTAPPARAMBIL HOUSE,
THOTTAKKATTUKARA KARA, ALUVA WEST VILLAGE,
ALUVA TALUK, ERNAKULAM DISTRICT,PIN-683 108

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4 ABDUL RAZAK

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AGED 47 YEARS

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S/O.ABDUL HAMEED, PARIYARATH HOUSE, ALUVA KARA,
ALUVA WEST VILLAGE, ALUVA TALUK,
ERNAKULAM DISTRICT,PIN-683 101

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5 RAPHEL BENNY

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AGED 54 YEARS
S/O. XAVIER, KOLLAMPARAMBIL HOUSE,
THOTTAKKATTUKARA KARA, ALUVA WEST VILLAGE,
ALUVA TALUK, ERNAKULAM DISTRICT,
PIN-683 108

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CRL.MC NO. 2381 OF 2021

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3

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6 SABU @ ANTONY SAVIO AGED 50 YEARS S/O. MATHEW, NEYSSERY HOUSE, ELOOKKARA KARA, KADUNGALLOOR VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT, PIN-683 502

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7 SONY JACOB AGED 50 YEARS S/O. JACOB, PALATTY HOUSE, ANAPPARA KARA, THURAVOOR VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT,PIN-683 581

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8KRISHNAKUMAR
AGED 52 YEARS
S/O. GOPINANTHA PILLAI, NELLIKKAPPARAMBIL
HOUSE, KARUMALLOOR KARA, KARUMALLOOR VILLAGE,
PARAVUR TALUK, ERNAKULAM DISTRICT,PIN-683 511

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9BHAGYALATHA
AGED 57 YEARS
W/O.GOPINATH, GEETHA VIHAR, MELAKAM KARA,
ERANAD VILLAGE, MANJERI TALUK,
MALAPPURAM DISTRICT,
NOW RESIDING AT GEETHA VIHAR,
RAMALAYAM RAJAN'S RESIDENCE,
OPPOSITE KAMCO COMPANY, ATHANI KARA,
NEDUMBASSERY VILLAGE, ERNAKULAM DISTRICT,
PIN-683 585

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BY ADV
ADV C.DEEPA
ADV. SREEJA. V - SR. PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 23.12.2022, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:

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CRL.MC NO. 2381 OF 2021

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4

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ORDER

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The petitioners are the accused in Crime No.1912/2014 of

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Aluva East Police Station which is now pending as C.C. No.867/2016 before the Judicial First Class Magistrate Court I, Aluva. The offences alleged against the petitioners are under Sections 406, 420 read with Section 34 of Indian Penal Code, Section 17 of the Kerala Money Lenders Act and Section 3 of Kerala Prohibition of Charging Exorbitant Interest Act. Annexure A1 is the final report submitted. The respondents 2 to 9 are the victims of the crime. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure A1.

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Heard Sri.Dinesh Mathew J.Muricken, learned counsel appearing for the petitioners, Smt.Sreeja V., learned Public Prosecutor for the State and Smt.C. Deepa, learned counsel appearing for the respondents 2 to 9.

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The prayer for quashing the above proceedings is sought for by the petitioners on the ground that, the dispute between the parties has been settled and to substantiate the same, the

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CRL.MC NO. 2381 OF 2021

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5

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respondents 2 to 9 have sworn Annexure A2, Annexure A2(a), Annexure A2(b), Annexure A2(c), Annexure A2(d), Annexure A2(e), Annexure A2(f) and Annexure A2(g) affidavits respectively. The aforesaid affidavits indicate that, the matter has been settled and the respondents 2 to 9 have no subsisting grievance against the petitioners herein. They also conveyed that they have no objection in quashing the proceedings against the petitioners herein. The learned counsel for the respondents 2 to 9 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 respondents 2 to 9 have reiterated that, they do not have any objection in quashing the proceedings as they have no subsisting grievance against the petitioners herein.

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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 petitioners herein

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CRL.MC NO. 2381 OF 2021

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were allowed to continue. In such circumstances, the chances of a successful prosecution are very bleak. Therefore, I am of the view 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.

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Accordingly, this Crl.M.C. is allowed. Annexure A1 final report in Crime No.1912/2014 of Aluva East Police Station and all further proceedings in C.C. No.867/2016 before the Judicial First Class Magistrate Court I, Aluva as against the petitioners are hereby quashed.

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Sd/-

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ZIYAD RAHMAN A.A.
JUDGE

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scs

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CRL.MC NO. 2381 OF 2021

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APPENDIX OF CRL.MC 2381/2021

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PETITIONER ANNEXURES
ANNEXURE-A1TRUE COPY OF THE CHARGE SHEET IN
C.C.NO.867/2016 ON THE FILE OF
JUDICIAL FIRST CLASS NO.1912/2014 OF
ALUVA EAST POLICE STATION DATED
18.06.2014

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ANNEXURE-A2TRUE COPY OF THE AFFIDAVIT SWORN BY
THE 2ND RESPONDENT DATED 19.04.2021
ANNEXURE-A2ATRUE COPY OF THE AFFIDAVIT SWORN BY
THE 3RD RESPONDENT DATED 19.04.2021
ANNEXURE-A2BTRUE COPY OF THE AFFIDAVIT SWORN BY
THE 4TH RESPONDENT DATED 19.04.2021
ANNEXURE-A2CTRUE COPY OF THE AFFIDAVIT SWORN BY
THE 5TH RESPONDENT DATED 19.04.2021
ANNEXURE-A2DTRUE COPY OF THE AFFIDAVIT SWORN BY
THE 6TH RESPONDENT DATED 19.04.2021
ANNEXURE-A2ETRUE COPY OF THE AFFIDAVIT SWORN BY
THE 7TH RESPONDENT DATED 19.04.2021
ANNEXURE-A2FTRUE COPY OF THE AFFIDAVIT SWORN BY
THE 8TH RESPONDENT DATED 19.04.2021
ANNEXURE-A2GTRUE COPY OF THE AFFIDAVIT SWORN BY
THE 9TH RESPONDENT DATED 19.04.2021

Tomy Joseph v. State of Kerala

Case brief

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Tomy Joseph v. State of Kerala

Case brief

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