Allowed

Santhosh Joseph v. State of Kerala

Kerala HC12 Aug 2022Crl.MC/4272/2022

Case brief

AI extract

What is this about?

This Criminal Miscellaneous case sought quashing of proceedings concerning cheating and criminal breach of trust arising from an alleged insurance fraud. The High Court allowed the petition, quashing all further proceedings under Section 482 CrPC based on a genuine settlement between parties and the absence of a subsisting grievance.

What did the court decide?

Crl.M.C. allowed; Annexure-A2 final report and all further proceedings pursuant thereto and pending trial against petitioners are hereby quashed.

Santhosh Joseph Vs State of Kerala — Quashing and FIR | 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 12^TH DAY OF AUGUST 2022 / 21ST SRAVANA, 1944

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CRL.MC NO. 4272 OF 2022

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AGAINST THE ORDER/JUDGMENT LP 152/2018 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE , ERNAKULAM

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PETITIONER/ACCUSED NO 1 AND 2:

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1 SANTHOSH JOSEPH,AGED 46 YEARS S/O. JOSEPH, KUDILAMPARAMBIL HOUSE, CHANGANASSERY, KOTTAYAM, KERALA, PIN - 686536

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2 SINDHU SANTHOSH,AGED 43 YEARS

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W/O. SANTHOSH, KUDILAMPARAMBIL HOUSE, CHANGANASSERY, KOTTAYAM, KERALA., PIN - 686536

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BY ADVS. JOEMON ANTONY SYABILY P.S.

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RESPONDENT/DEFACTO COMPLAINANT:

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1 STATE OF KERALA

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REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031

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2 BAIJU GEORGE,AGED 40 YEARS S/O. GEORGE, PULIPPARAMBIL HOUSE, NETTOR P.O.,MARADU, ERNAKULAM DISTRICT., PIN - 682304

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3 DIVYA,AGED 31 YEARS W/O BAIJU GEORGE, PULIPARAMBIL HOUSE, NETTOR P.O, MARADU, ERNAKULAM DISTRICT, PIN 682304

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(Additional R3 impleaded as per order dated 12.08.2022 in Crl.M.A No. 1/2022 in Crl.M.C No. 4272/2022)

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BY ADV SHERRY J. THOMAS

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.08.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C No.4 272 of 2022

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O R D E R

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The petitioners are the accused in Crime No.594/2015 of Ernakulam Town North Police Station which is now pending as L.P.No. 152/2018 before the Additional Chief Judicial Magistrate Court, Ernakulam. The offences alleged against the petitioners are punishable under Sections 406, 409, 420 read with Section 34 of Indian Penal Code.

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2 . The prosecution case is that, The petitioners collected an amount of Rs.7,40,000/- from the 2 nd and 3 rd respondents, for the purpose of issuing an insurance policy of Aegon Religare Life Insurance Company. The aforesaid amount was collected by the petitioners by introducing them as the agents of the said insurance company. It is alleged that, later the aforesaid amount was not returned. The complaint was submitted in such circumstances, which resulted in registration of Annexure-A1 FIR and ultimately Annexure-A2 final report. This Crl.M.C is filed for quashing all further proceedings against the petitioners pursuant to AnnexureA2

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Crl.M.C No.4 272 of 2022

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3 . Heard Sri.Joemon Antony, the learned counsel

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appearing for the petitioners, Sri. C.S Hrithwik, the learned Public Prosecutor appearing for the State and Smt. Sherry J.Thomas, the learned counsel appearing for the respondents 2 and 3.

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4 . 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 2 nd and 3 rd respondents have sworn Annexures-A7 and A8 affidavits respectively. The aforesaid affidavits indicate that, the matter has been settled and the 2 nd and 3 rd respondents 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 and 3 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 2 nd and 3 rd respondents 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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Crl.M.C No.4 272 of 2022

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5 . 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 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

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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-A2 final report in Crime No.594/2015 of Ernakulalm Town North Police Station and all further proceedings pursuant thereto, including the proceedings in L.P No. 152/2018 pending before the Additional Chief Judicial Magistrate Court, Ernakulam as against the petitioners are hereby quashed.

Sd/-

ZIYAD RAHMAN A.A

JUDGE

rpk

Crl.M.C No.4 272 of 2022

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APPENDIX OF CRL.MC 4272/2022

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PETITIONER ANNEXURES

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Annexure1	THE CERTIFIED COPY OF THE FIR AND FIS IN CRIME NO.594/2015 OF ERNAKULAM TOWN NORTH POLICE STATION DATED 22.4.2015
Annexure A2	THE TRUE COPY OF THE FINAL REPORT NUMBERED AS CC NO. 498/2017 OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM IN CRIME NO. 594/2015 OF ERNAKULAM TOWN NORTH POLICE STATION.
Annexure A3	THE TRUE COPY OF THE PROCEEDINGS DATED 18-12-2018.
Annexure4	THE TRUE COPY OF THE MEDICAL REPORT DATED 18-5-2022
Annexure A4A	THE TRUE COPY OF THE RENAL PATHOLOGY REPORT DATED 1-5-2022
Annexure A5	THE TRUE COPY OF THE PETITION DATED 14-6- 2022
Annexure A6	THE TRUE COPY OF THE ORDER IN CMP NO. 727/2022 IN LP NO. 152/2018 (CRIME NO. 594/2015 OF ERNAKULAM TOWN NORTH POLICE STATION) DATED 17-6-2022
Annexure A7	THE ORIGINAL OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT DATED 24-6-2022

Santhosh Joseph v. State of Kerala

Case brief

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Santhosh Joseph v. State of Kerala

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