The High Court of Kerala allowed a criminal Miscellaneous petition to quash criminal proceedings in a cheating case as the parties had amicably settled the dispute. Relying on Apex Court precedents, the court held no purpose would be served in continuing the proceedings.
All further proceedings in Crime No.106/2017 of Areacode Police Station stood 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.
CRL.MC NO. 3542 OF 2017
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 28TH DAY OF NOVEMBER 2022 / 7TH AGRAHAYANA, 1944
CRL.MC NO. 3542 OF 2017
CRIME NO.106/2017 OF Areacode Police Station, Malappuram
PETITIONER/ACCUSED:
ABDUL SAVAD, AGED 38 YEARS,
S/O. KASIM,
MOORKANAD HIGHER SECONDARY SCHOOL,
URANGATTIRI, AREACODE, MALAPPURAM
BY ADVS.
SRI.S.RAJEEV
SRI.K.K.DHEERENDRAKRISHNAN
SRI.D.FEROZE
SRI.V.VINAY
RESPONDENTS:
1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA,ERNAKULAM 682 031(CRIME NO 106/2017 OF
AREACODE POLICE STATION, MALAPPURAM DISTRICT)
2 RAJAN ERUMADAN S/O. CHELLIKKUTTY, PAKKULAM, MYTHRA P.O URANGATTIRI, AREACODE, MALAPPURAM-688539 BY ADVS.R1 BY SRI.P.G.MANU-SR.PUBLIC PROSECUTOR
R2 BY SRI.VINOD KUMAR.C
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
28.11.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 3542 OF 2017
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O R D E R
This Crl.M.C. has been preferred to quash all further proceedings in Crime No.106/2017 of Areacode Police Station. During the pendency of the above proceedings, the matter has been settled between the parties.
punishable under Sections 465, 469, 471 and 500(ii) r/w 34 of IPC.
counsel. An affidavit sworn in by him is also produced.
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CRL.MC NO. 3542 OF 2017
sworn in by the respondent No.2 would show that the entire dispute between the parties has been amicably settled and the de facto complainant has decided not to proceed with the criminal proceedings further. The learned Prosecutor, on instruction, submits that the matter was enquired into through the investigating officer and a statement of the de facto complainant was also recorded wherein he reported that the matter was amicably settled.
(4) KLT 108 (SC)], Narinder Singh and Others v. State of Punjab and Others [(2014) 6 SCC 466] and in State of Madhya Pradesh v.
Laxmi Narayan and Others [(2019) 5 SCC 688] has held that the High Court by invoking S.482 of Cr.P.C can quash criminal proceedings in relation to non compoundable offence where the parties have settled the matter between themselves notwithstanding the bar under S.320 of Cr.P.C. if it is warranted in the given facts
and circumstances of the case or to ensure the ends of justice or
CRL.MC NO. 3542 OF 2017
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to prevent abuse of process of any Court.
(supra).
For the reasons stated above, I am of the view that no purpose will be served in proceeding with the matter any further. Accordingly, the Crl.M.C. is allowed. All further proceedings in
Crime No.106/2017 of Areacode Police Station hereby stands quashed.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE
ab
CRL.MC NO. 3542 OF 2017
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APPENDIX OF CRL.MC 3542/2017
PETITIONER ANNEXURES
ANNEXURE 1CERTIFIED COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO 106/2017 OF AREACODE
POLICE STATION, MALAPPURAM DISTRICT
ANNEXURE IITRUE COPY OF THE UNDATED REPORT FILED BY
THE INVESTIGATING OFFICER IN CRIME NO
106/2017 OF AREACODE POLICE STATION,
MALAPPURAM DISTRICT
RESPONDENTS ANNEXURES: NIL
2 issues framed by the court
Whether criminal proceedings can be quashed under Section 482 Cr.P.C. when the matter has been amicably settled despite non-compoundable offences.
Whether the dispute is purely personal and quashing will not adversely affect public interest or harmony.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabReferred¶27
Gian Singh v. State of Punjab [2012 (4) KLT 108 (SC)]
Narinder Singh and Others v. State of Punjab and OthersReferred¶27
Narinder Singh and Others v. State of Punjab and Others [(2014) 6 SCC 466] · Who else cites this
State of Madhya Pradesh v. Laxmi Narayan and OthersReferred¶27
State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688] · Who else cites this
ABDUL SAVAD
STATE OF KERALA
RAJAN ERUMADAN
KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court