The Court quashed criminal proceedings against petitioners accused of cheating and criminal breach of trust after they settled with victims and refunded the collected amounts. The prosecution agreed to quash proceedings only against these two accused.
Quashing of entire proceedings in CB Crime No. 383/CR/EOW–1/KLM/11 against petitioners alone.
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 K.HARIPAL
FRIDAY, THE 11TH DAY OF FEBRUARY 2022 / 22ND MAGHA, 1943
CRL.MC NO. 3917 OF 2020
CB CRIME NO. 383/CR/EOW-1/KLM/11 (CRIME 696/2011 OF VARKALA POLICE
STATION)
PETITIONERS/ACCUSED 1 & 2:
1 SABESAN
AGED 65 YEARS, S/O.MADHAVAN, BRS BUILDING, OTTOOR, MANAMBUR P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT – 695611.
2 ANIL KESAVAN AGED 46 YEARS
S/O.KESAVAN, RAGHUPATHY MANDIRAM, KARRIYIL, KAZHAKOOTTAM - 695 582.
BY ADV P.ANOOP (MULAVANA)
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682 031.
2 VISWANATHAN NAIR AGED 72 YEARS, S/O.SANKARANARAYANA PILLAI,ANUPAMA HOUSE, JANARDHANAPURAM, VARKALA VILLAGE, THIRUVANANTHAPURAM DISTRICT - 695 141.
*3 ADDL R3 IS IMPLEADED
K.V.APPU AGED 81 YEARS S/O.VELU, ARUNAGHAR, SREENIVASAPURAM.P.O., VARKALA VILLAGE, THIRUVANANTHAPURAM DISTRICT-695141.
*ADDL. R3 IS IMPLEADED AS PER ORDER DATED 07.02.2022 IN CRL.M.A. 1/2022
R1 BY SRI. VIPIN NARAYANAN, SENIOR PUBLIC PROSECUTOR R2 & R3 BY ADV A.CHANDRA BABU,
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.3917 OF 2020 2
ORDER
Petitioners claim themselves as accused Nos. 1 and 2 in CB Crime No. 383/CR/EOW–1/KLM/11 (Crime No. 696/2011 of Varkala police station) which was registered alleging offence under Sections 406 and 420 read with 34 of the Indian Penal Code. The short allegation against the accused persons is that the accused and others with the offer of higher dividend collected an amount of Rs.5,81,000/- from the defacto complainant and Rs.1,26,000/- from his friend K.V. Appu, son of Velu; the amount was collected in the name of one company, ‘Way to Life’ and later, neither the interest nor principal amount was refunded and thus they committed criminal breach of trust and cheating. The case is under investigation. Now the petitioners submit that the case has been settled with the second respondent and the additional third respondent who are the victims of the alleged cheating committed by the petitioners.
Crl.M.C.No.3917 OF 2020 3
the learned Senior Public Prosecutor.
there are seven accused in the case and petitioners are accused Nos. 1 and 2. Even though no other case is registered against petitioners, there are other cases of similar nature against the remaining accused persons. Still, having regard to the fact that the petitioners do not have any criminal antecedents, the prosecution has no objection in quashing the proceedings against them alone, in the light of the settlement and refund of the amount collected by the accused persons.
Crl.M.C.No.3917 OF 2020 4
quashing the proceedings.
that even though the prosecution has no dispute in quashing the proceedings against the petitioners, this order may not stand on the way of proceeding against the other accused persons.
Crl. M. C. is allowed as above.
SD/-
K.HARIPAL
JUDGE
DCS/11.02.2022
Crl.M.C.No.3917 OF 2020 5
APPENDIX
PETITIONER'S ANNEXURE
ANNEXURE A1 TRUE COPY OF THE FIR IN CB CRIME NO.383/CR/EOW-1/KLM/11 (CRIME 696/2011 OF VARKALA POLICE STATION) PENDING BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM.
ANNEXURE A2 THE AFFIDAVIT FILED BY THE 2ND RESPONDENT.
ANNEXURE A3 TRUE COPY OF THE AFFIDAVIT FILED BY THE ADDITIONAL 3RD RESPONDENT DATED 20-12-2021.
1 issue framed by the court
Whether criminal proceedings against the petitioners alone can be quashed upon settlement and refund of collected amount.
1 provisions across 1 enactments
SABESAN
ANIL KESAVAN
STATE OF KERALA
VISWANATHAN NAIR
K.V.APPU
K. HARIPAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
