The High Court of Kerala allowed the quashing of criminal proceedings under Section 420 IPC filed against petitioners for alleged cheating. The court found the dispute private in nature and settled by parties with no subsisting grievance.
FIR in Crime No.967/2021 and all further proceedings against petitioners are quashed.
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 ZIYAD RAHMAN A.A.
FRIDAY, THE 19TH DAY OF AUGUST 2022 / 28TH SRAVANA, 1944
CRL.MC NO. 340 OF 2022
CRIME NO.967/2021 OF BALUSSERY POLICE STATION PENDING BEFORE THE
JUDICIAL FIRST CLASS MAGISTRATE'S COURT-II PERAMBRA, KOZHIKODE
PETITIONERS/ACCUSED 1 & 2:
1 SAJILESH
AGED 33 YEARS
S/O.SADANANDAN, KARIMPARUKANDY,
KARUMALA, BALUSSERY, KOZHIKODE - 673 612.
2MUHAMMED NIYAS
AGED 47 YEARS
S/O.MUHAMMED KOYA, UKKACHIYIL, KARUMALA,
BALUSSERY, KOZHIKODE - 673 612.
BY ADVS.
K.P.SATHEESAN (SR.)
P.MOHANDAS (ERNAKULAM)
K.SUDHINKUMAR
S.K.ADHITHYAN
SABU PULLAN
GOKUL D. SUDHAKARAN
RESPONDENTS/STATE, COMPLAINANT & DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.2 THE SUB INSPECTOR OF POLICE, BALUSSERY POLICE STATION, KOZHIKODE RURAL, KOZHIKODE - 673 612.3FOUSIYA
AGED 40 YEARS
D/O.ABDURAHIMAN HAJI, NELLIKKA PARAMBIL, THAZHEKODE,
MANASSERY, KOZHIKODE - 673 572.
2
CRL.MC NO. 340 OF 2022
ADDL.4KUNHI MUHAMMED
AGED 52 YEARS, S/O POKKER, NELLIKKA PARAMBIL
THAZHEHODE, MANASSERY, KOZHIKODE – 673 572
ADDL.5FAJWA
AGED 23 YEARS
D/O. KUNHI MUHAMMED,
NELLIKKA PARAMBIL, THAZHEKODE, MANASSERY,
KOZHIKODE – 673572
[ADDL R4 AND ADLL R5 IMPLEADED AS PER ORDER IN
CRL.M.A. 02/2022 IN CRL.M.C.340/22 DATED
11.07.22]
BY ADV K.K.RAJEEV
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 19.08.2022, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
CRL.MC NO. 340 OF 2022
3
ORDER
The petitioners are the accused Nos.1 and 2 in Crime No.967/2021 of Balussery Police Station which was registered for the offence punishable under Section 420 of Indian Penal Code.
petitioners have collected an amount of Rs.1,45,000/- as an investment in a company called “Milife Style Marketing Global Private Limited Company”, offering very high returns including interest. However, later, the petitioners failed to provide any returns and the amount collected was also not repaid. A complaint was submitted in this regard. On the basis of the same, Annexure I First Information Report was registered by the Police. This Crl.M.C. is filed by the petitioner for quashing all further proceedings in Annexure I First Information Report and all further proceedings pursuant thereto.
State and Sri.K.K. Rajeev, learned counsel appearing for the respondents 3 to 5.
CRL.MC NO. 340 OF 2022
4
for by the petitioners on the ground that, the dispute between the parties has been settled and to substantiate the same, the respondents 3 to 5 have sworn Annexure II to Annexure IV affidavits respectively. The aforesaid affidavits indicate that, the matter has been settled and the respondents 3 to 5 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 3 to 5 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 3 to 5 have reiterated that, they do not have any objection in quashing the proceedings as they have no subsisting grievance against the petitioners herein.
discernible that, the dispute is basically private in nature and on
CRL.MC NO. 340 OF 2022
5
account of settlement arrived at between the parties, no purpose would be served if the proceedings against the petitioners herein 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.
Accordingly, this Crl.M.C. is allowed. Annexure I First Information Report in Crime No.967/2021 of Balussery Police Station and all further proceedings pursuant thereto as against the petitioners are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
scs
6
CRL.MC NO. 340 OF 2022
APPENDIX OF CRL.MC 340/2022
PETITIONER ANNEXURES
Annexure ICERTIFIED COPY OF THE F.I.R.
REGISTERED BY THE BALUSSERY POLICE
STATION AS CRIME NO.0967/2021 DATED
14/09/2021 PENDING BEFORE THE JUDICIAL
FIRST MAGISTRATE'S COURT-II, PERAMBRA.
Annexure IIAFFIDAVIT OF THE 3RD RESPONDENT DATED
2/12/2021.
Annexure IIIAFFIDAVIT OF THE ADDITIONAL 4TH
RESPONDENT DATED 16.06.2022
Annexure IVAFFIDAVIT OF THE ADDITIONAL 5TH
RESPONDENT DATED 16.06.2022
2 issues framed by the court
Whether criminal proceedings for cheating under Section 420 IPC can be quashed on the ground of a settled dispute.
Whether the principle of Section 482 CrPC permits quashing proceedings where prosecution success is bleak due to settlement.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherExplained¶38
[2012(4) KLT 108]
2 provisions across 2 enactments
SAJILESH
MUHAMMED NIYAS
STATE OF KERALA
THE SUB INSPECTOR OF POLICE, BALUSSERY
FOUSIYA
APPLICABLE ADDITIONAL RESPONDENTS
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court