High Court quashed criminal proceedings against the second accused in a cheating prosecution upon satisfaction that the matter was amicably settled, citing no public interest. The court relied on settled precedents regarding settlement-based quashing under SECRMC.
All proceedings against the petitioner in C.C. No. 1824/2014 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 BECHU KURIAN THOMAS
WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
CRL.MC NO. 1766 OF 2023
IN C.C.NO.1824/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,
ALUVA
PETITIONER/ACCUSED NO.2:
ANEESH JOHN
AGED 36 YEARS
S/O JOHN,
NADAKKAL HOUSE, MAVADI P.O,
NEDUMKANDAM, IDUKKI DISTRICT, PIN – 685553
BY ADVS.
K.S.ARUNDAS
AMBILY JOSHY
ABIJITH.K
RESPONDENTS/STATE AND DEFACTO COMPLAINANTS:
1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN – 682031
2TIMY JOY
AGED 36 YEARS
S/O JOY,
KATTATHARA HOUSE, KEEZHMADU, ALUVA,
ERNAKULAM DISTRICT, PIN – 683105
3RENJISH
AGED 36 YEARS
S/O VENU,
MADATHIPARAMBIL HOUSE, KEEZHMADU, ALUVA,
ERNAKULAM DISTRICT, PIN – 683105
4UMESH
AGED 33 YEARS
S/O RADHAKRISHNAN,
VAKKIPARAMBIL HOUSE, PANAYIKULAM,
ERNAKULAM DISTRICT., PIN - 683522
BY ADV
ANILA UMESH
OTHER PRESENT:
SRI.NOUSHAD K.A,
PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
29.03.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.1766 of 2023
3
BECHU KURIAN THOMAS, J.
==================== Crl.M.C.No.1766 of 2023
===================== Dated this the 29th day of March, 2023
ORDER
Petitioner has invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against him.
Crl.M.C.No.1766 of 2023
4
This view was reiterated in Narinder Singh and Others v. State of Punjab and Another [(2014) 6 SCC 466] and Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653].
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
Jka/29.03.23.
Crl.M.C.No.1766 of 2023
5
APPENDIX OF CRL.M.C.NO.1766/2023
PETITIONER’S ANNEXURES
Annexure 1A CERTIFIED COPY OF THE FIRST
INFORMATION REPORT IN CRIME NO 1257/2012
DATED 14.05.2012 OF ALUVA EAST POLICE
STATION, ERNAKULAM
Annexure 2A TRUE COPY OF THE AGREEMENT DATED
02.06.2012 EXECUTED BY THE PETITIONER
HEREIN AND THE DEFACTO COMPLAINANTS
Annexure3A CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO 1257/2012 DATED 29.11.2014 OF
ALUVA EAST POLICE STATION, ERNAKULAM
Annexure 4THE AFFIDAVIT DATED 27.02.2023 WAS
PREPARED BY THE 2ND RESPONDENT.
Annexure 5THE AFFIDAVIT DATED 27.02.2023 PREPARED
BY THE 3RD RESPONDENT
Annexure 6THE AFFIDAVIT DATED 27.02.2023 PREPARED
BY THE 4TH RESPONDENT HEREIN
1 issue framed by the court
Whether criminal proceedings under Sections 406 and 420 IPC against the petitioner can be quashed upon settlement.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherReferred¶29
Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] · Who else cites this
Narinder Singh and Others v. State of Punjab and AnotherReferred¶32
Narinder Singh and Others v. State of Punjab and Another [(2014) 6 SCC 466] · Who else cites this
Yogendra Yadav and Others v. State of Jharkhand and AnotherReferred¶32
Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653] · Who else cites this
1 provisions across 1 enactments
Aneesh John
State of Kerala
Timy Joy
Renjish
Umesh
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court