Allowed

Gunasekharan v. State of Kerala

Kerala HC21 Oct 2022Crl.MC/2692/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a Criminal Miscellaneous case filed by an accused seeking quashing of proceedings under Sections 3 and 17 of the Kerala Money Lenders Act. The court applied the principles from Gian Singh v. State of Punjab, finding the dispute private and settled, and quashed criminal case C.C. No. 976/2015.

What did the court decide?

Crl.M.C. No. 2692 of 2021 allowed; C.C. No. 976/2015 and all further proceedings against the petitioner quashed.

Gunasekharan 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 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944

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CRL.MC NO. 2692 OF 2021

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AGAINST THE ORDER/JUDGMENT C.C 976/2015 OF JUDICIAL

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MAGISTRATE OF FIRST CLASS, PARAPPANANGADI

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In Crime No. 719/2014 of Tanur Police Station

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PETITIONER/ACCUSED:

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GUNASEKHARAN
AGED 43 YEARS
S/O. SELVARAJ, K.KIRANNUR, DINDIGUAL,
OTTAMCHATHRAM TALUK, 4 TAMIL NADU.
BY ADV U.K.DEVIDAS

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RESPONDENTS/COMPLAINANT, DEFACTO COMPLAINANT AND CW2 & CW3:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2 SAWAD, AGED 43 YEARS S/O. BAPPUKUTTY, PAKKICHINTE PURAKKAL HOUSE, CHEERAN KADAPURAM, PUTHIYA KADAPPURAM P.O, MALAPPURAM DISTRICT 676 302

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3 SAITHALAVI, AGED 45 YEARS S/O. UMMER, PATHIRATHAZHATH HOUSE, PANANGATTUR, MALAPPURAM DISTRICT, 676 302

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4 KUNHAPPU, AGED 57 YEARS S/O. CHERIYABAVA, PANAMBALATHINGAL HOUSE, TANUR TOWN P.O, MALAPPURAM DISTRICT 676 302. BY ADV P.M.SHAHIDA

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OTHER PRESENT:

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ADV C S HRITHWIK - SR PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.10.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.2692 of 2021

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: 2 :

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ORDER

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Dated this the 21^st day of October, 2022

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The petitioner is the accused in crime no. 719 of 2014 of Tanur police station, which is now pending as C.C.No. 976/2015 on the files of Judicial First Class Magistrate court, Parappanangadi. The offences alleged against the petitioner are punishable under Sections 3 read with 17 of the Kerala Money Lenders Act, 1958.

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The allegation against the petitioner is that, the petitioner conducted the business of money lending, at high interest rates and thereby provided loans to respondent nos. 2 to 4. Annexure-A1 is the FIR and Annexure-A2 is the final report. This Crl.M.C is filed for quashing all further proceedings pursuant to Annexure-A2.

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Heard Shri. U. K. Devidas, learned counsel appearing for the petitioner, Shri. C. S. Hrithwik, learned Public Prosecutor for the State and Smt. P. M. Shahida, learned Counsel appearing for respondents 2 to 4.

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The prayer for quashing the above proceedings is sought for by the petitioner on the ground that, the dispute between the parties has been settled and to substantiate the same, the respondents 2 to 4 have sworn Annexure-A5, AnnexureA5(a) and Annexure-A5(b) affidavits respectively. The aforesaid affidavits indicate that, the matter has been settled and the respondents 2 to 4 have no subsisting grievance against the petitioner herein. They also conveyed that they have no objection in quashing the proceedings against the petitioner herein. The learned counsel for the respondents 2 to 4 also confirmed the same. The learned Public Prosecutor, upon instructions, submitted that the Station House Officer concerned has

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Crl.M.C.No.2692 of 2021 : 3 :

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verified the veracity of the same and found it to be genuine.

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The allegations would reveal that the dispute is purely private in nature. In such circumstances, by applying the principles laid down by the Honourable Supreme Court in Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] , proceedings can be quashed by invoking the powers of this Court under Section 482 Cr.P.C. This is particularly because, on account of the settlement, no fruitful purpose would be served by allowing the prosecution to continue.

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In the result, this Crl.M.C. is allowed, and Annexure-A1 F.I.R submitted in crime No. 719 of 2014 of Tanur Police Station and all further proceedings in C.C.No. 976 of 2015 on the files of the Judicial First Class Magistrate Court, Parappanangadi against the petitioner are hereby quashed.

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Sd/-

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ZIYAD RAHMAN A.A.

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JUDGE

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anm

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Crl.M.C.No.2692 of 2021

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: 4 :

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APPENDIX OF CRL.MC 2692/2021

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PETITIONER ANNEXURES

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`Annexure-A1`	`TRUE COPY OF THE F.I.R DATED 14-05-2014 IN` `CRIME NO. 719/2014 OF TANUR POLICE STATION`
`Annexure-A2`	`CERTIFIED COPY OF THE FINAL REPORT DATED` `22-06-2015 IN CRIME NO. 719/2014 OF TANUR` `POLICE STATION`
`Annexure-A3`	`CERTIFIED COPY OF THE LIST OF WITNESSES IN` `CRIME NO. 719/2014 OF TANUR POLICE STATION` `DATED NIL.`
`Annexure-A4`	`TRUE COPY OF THE DEPOSITION OF THE` `RESPONDENT NO. 2 IN CRIME NO. 719/2014 OF` `TANUR POLICE STATION DATED NIL.`
`Annexure-A4(a)`	`TRUE COPY OF THE DEPOSITION OF THE` `RESPONDENT NO. 3 IN CRIME NO. 719/2014 OF` `TANUR POLICE STATION, DATED NIL.`
`Annexure-A4(b)`	`TRUE COPY OF THE DEPOSITION OF THE` `RESPONDENT NO. 4 IN CRIME NO. 719/2014 OF` `TANUR POLICE STATION DATED NIL.`
`Annexure-A5`	`ORIGINAL OF THE AFFIDAVIT DATED 07-05-2021` `SWORN BY THE RESPONDENT NO. 2`
`Annexure-A5(a)`	`ORIGINAL OF THE AFFIDAVIT DATED 07-05-2021` `SWORN BY THE RESPONDENT NO. 3`
`Annexure-A5(b)`	`ORIGINAL OF THE AFFIDAVIT DATED 07-05-2021` `SWORN BY THE RESPONDENT NO. 4`

Gunasekharan v. State of Kerala

Case brief

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Gunasekharan v. State of Kerala

Case brief

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