High Court of Kerala quashed criminal proceedings against an accused for cheating and criminal breach of trust under IPC Sections 420, 403, etc., holding that the matter was settled and no public interest required the continuation of the trial.
All proceedings against the petitioner in C.C.No.1042/2019 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
THURSDAY, THE 7TH DAY OF MARCH 2024 / 17TH PHALGUNA, 1945
CRL.MC NO. 2885 OF 2023
CRIME NO.2665/2012 OF KALAMASSERY POLICE STATION, ERNAKULAM
IN C.C.NO.1042/2019 ON THE FILES OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, KALAMASSERY
PETITIONER/ACCUSED:
VISHAK S
AGED 32 YEARS
S/O. SADASIVAN,
PRESENTLY RESIDING AT MANOJ BHAVAN,
KALLUVAKUZHY, VATTAPARA P.O,
THIRUVANANTHAPURAM, PIN – 695028
BY ADV M.S.AMAL DHARSAN
RESPONDENTS/COMPLAINANTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 6820312 THE STATION HOUSE OFFICER KALAMASSERY POLICE STATION, KALAMASSERY P.O., ERNAKULAM, PIN – 6820213 CEMA ELECTRIC LIGHTING PRODUCTS INDIA PVT. LTD HAVING ITS REGISTERED ADDRESS IN DOOR NO. XVI 9/G, FIRST FLOOR, KAIPUMUGAL, KALAMASSERY P.O, ERNAKULAM, REPRESENTED BY ITS MANAGING DIRECTOR, PIN – 6820214 B.SASIKUMAR, AGED 54 YEARS S/O. C.B. NAIR,Crl.M.C.No.2885 of 2023
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RESIDING AT SREELAKSHMI HOUSE, CHAITHANYA NAGAR, EROOR WEST, THRIPUNITHURA ERNAKULAM-682306
[IS IMPLEADED AS ADDITIONAL RESPONDENT NO.4 AS PER
ORDER DATED 07.03.2024 IN CRI.M.A.NO.1/2024]
BY ADV.
PRAMOD KOCHUTHOMMEN
OTHER PRESENT:
SRI. T.R. RANJITH
PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.M.C.No.2885 of 2023
BECHU KURIAN THOMAS, J.
--------------------------------------Crl.M.C.No.2885 of 2023
Dated this the 7th day of March, 2024
ORDER
Petitioner has invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against him.
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Crl.M.C.No.2885 of 2023
303], the Apex Court has held that in appropriate cases, the High Court can take note of the amicable resolution of disputes between the victim and the wrongdoer to put an end to the criminal proceedings. 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 JUDGE
Jka/07.03.24.
Crl.M.C.No.2885 of 2023
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APPENDIX OF CRL.MC 2885/2023
PETITIONER’S ANNEXURES
Annexure ICERTIFIED COPY OF THE FIR DATED 26/12/2012
IN CRIME NO. 2665 OF 2012 OF THE
KALAMASSERY POLICE STATION, ERNAKULAM
DISTRICT
Annexure IICERTIFIED COPY OF THE FINAL REPORT IN C.C
NO. 1042/2019 IN THE FILES OF THE JUDICIAL
FIRST CLASS MAGISTRATE COURT, KALAMASSERY
Annexure IIIORIGINAL AFFIDAVIT DATED 31/03/2023
EXECUTED BY THE 3RD RESPONDENT
2 issues framed by the court
Whether criminal proceedings for alleged cheating and criminal breach of trust should be quashed upon settlement.
Whether public interest is involved in the continuation of the proceedings given the settlement.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherRelied on¶36
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 AnotherRelied on¶36
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 AnotherRelied on¶36
Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653] · Who else cites this
2 provisions across 2 enactments
Vishak S
State of Kerala
Cema Electric Lighting Products India Pvt. Ltd
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court