Allowed

William.S v. State of Kerala

Kerala HC1 Sept 2023Crl.MC/3717/2023

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition, the Court examined a request to quash proceedings in an additional charge sheet implicating the petitioner. Finding an amicable settlement, the Court exercised its jurisdiction under Section 482 CrPC relying on Supreme Court precedents to quash the proceedings.

What did the court decide?

All proceedings against the petitioner in the additional charge sheet (Annexure 2) in Crime No. 436/2022 are quashed.

William.S Vs State of Kerala — Cheque Dishonour | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 1stDAY OF SEPTEMBER 2023 / 10TH BHADRA, 1945
CRL.MC NO. 3717 OF 2023
IN CRIME NO.436 OF 2022 OF ELAMAKKARA POLICE STATION

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PETITIONER/ACCUSED NO.3:

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WILLIAM.S
AGED 34 YEARS
S/O. STEPHEN FRANCIS,
KANNAMPADATHIL HOUSE,
PRECOTMIL, NEW COLONY,
KANJIKODE WEST (P.O),
PUTHUSSERY, PALAKKAD,
NOW RESIDING AT CHEDEYANAKALI,
NEAR SKM AUDITORIUM, PALAKKAD., PIN – 678263
BY ADV VIVEK VENUGOPAL

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RESPONDENT/STATE, DEFACTO COMPLAINANT & R.C OWNER:

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STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
1
HIGH COURT OF KERALA, PIN – 682031

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SHABIN ZAMAN.S
AGED 23 YEARS
S/O. SHIHAB.P,
211/107, DEVARSHOLA,
DEVARSHOLAI,THE NILGIRIS,
TAMIL NADU, PIN – 643207
SHIHAB.P
3AGED 44 YEARS
S/O. AHAMMED,

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CRL.MC NO. 3717 OF 2023

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11/107, DEVARSHOLA,
DEVARSHOLAI, THE NILGIRIS,
TAMIL NADU., PIN – 643207

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BY ADV.
BALAMURALI K.P

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OTHER PRESENT:

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SMT.NEEMA T.V.

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PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 3717 OF 2023

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ORDER

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Petitioner is arrayed as accused No.3 in Crime No.436 of 2022 of Elamakkara Police Station, registered for offences punishable under Sections 379 and 411 r/w Section 34 of the I.P.C. Petitioner moved this Court seeking to quash all further proceedings in Annexure 2 additional report implicating the petitioner herein as the 3^rd accused in Annexure 1 F.I.R in Crime No.436/2022 of Elamakkara Police Station, Ernakulam District.

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The prosecution case is that, on 21.07.2022 at about 9.30 p.m, the defacto complainant had parked his motorcycle bearing registration No.TN43/X-6265 in front of the parking area at Edappally Metro Station, which was stolen by accused No.1. Thereafter, the said vehicle was purchased by the 3^rd accused from the 1^st accused for an amount of Rs.75,000/- and an amount of Rs.27,500/- was paid in cash and an amount of Rs.7500/- was given by way of phone pay app to the mobile number of the 4^th accused and the said accused handed over the cash to accused Nos. 2 and 3 with the knowledge that the property is stolen, and thereby committed the aforesaid offence.

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Heard the learned counsel for the petitioner, the learned Public Prosecutor, and the learned counsel for the 2^nd and 3^rd respondents.

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CRL.MC NO. 3717 OF 2023

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It is submitted by respective counsel that the petitioner, 2^nd and 3^rd respondents, have arrived at an amicable settlement. Annexures 3 and 4 are the affidavits filed by the 2^nd and 3^rd respondents. The affidavits, inter alia, state that all the disputes are settled and that the pendency of criminal proceedings would cause hardship to all the parties.

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From the submission across the Bar and perusing the Criminal M.C. and the affidavit referred above, I am satisfied that there has been an amicable settlement and that there are no vitiating circumstances in the respondents filing the affidavits. No purpose will be served by continuing the proceedings in the above circumstances. It is submitted by the learned Public Prosecutor that the statement of the defacto complainant has also been taken to verify the genuineness of the settlement.

¶26

The Hon'ble Supreme Court in Gian Singh v. State of Punjab and another [2012 (10) SCC 303] and Prabatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others v. State of Gujarat and another [(2017) 9 SCC 641] has held that in facts and circumstances of a case and to secure the ends of justice, where the High Court is satisfied that an amicable settlement has arrived between the parties and the offence is not serious in nature involving mental depravity, criminal proceedings may be quashed.

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CRL.MC NO. 3717 OF 2023

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After considering the facts and circumstances of the case and in exercise of the power of this Court under Section 482 of the Code of Criminal Procedure, I hereby quash all proceedings in Annexure 2, additional report implicating the petitioner herein as the 3rd accused in Annexure 1 F.I.T in Crime No.436/2022 of Elamakkara Police Station, against the petitioners.

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The Crl.MC is allowed as above.

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Sd/-

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MOHAMMED NIAS C.P. JUDGE

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jka/01.09.23.

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CRL.MC NO. 3717 OF 2023

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APPENDIX OF CRL.M.C.No.3717/2023

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PETITIONER ANNEXURES

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Annexure1

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TRUE PHOTOCOPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 436/2022 OF ELAMAKKARA
POLICE STATION DATED 08.08.2022.

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Annexure2

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TRUE PHOTOCOPY OF THE ADDITIONAL REPORT
DATED 11.01.2023INCORPORATING THE
PETITIONER AS ACCUSED NO.3

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ORIGINAL OF THE AFFIDAVIT DATED 29.04.2023
Annexure3SWORN TO BY RESPONDENT NO.2

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ORIGINAL OF THE AFFIDAVIT DATED 29.04.2023
Annexure4SWORN TO BY RESPONDENT NO.3

William.S v. State of Kerala

Case brief

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William.S v. State of Kerala

Case brief

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