Accused in a cheating case involving sale of a bank-mortgaged property using a duplicate title deed sought quashing of proceedings after settling with the complainant. Relying on settled-dispute precedent, the court found no public interest in continuing and quashed all proceedings.
All proceedings against petitioners in C.C. No.1070 of 2023, JMFC-I Chalakudy, 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
MONDAY, THE 5TH DAY OF FEBRUARY 2024 / 16TH MAGHA, 1945
CRL.MC NO. 487 OF 2024
CRIME NO.543/2022 OF ALOOR POLICE STATION, Thrissur
CC 1070/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, CHALAKUDY PETITIONERS/ ACCUSED NO.1 AND 2 :
1 RAJEEV, AGED 49 YEARS, S/O GOVINDHANKUTTY, TATHAMPILLY HOUSE, THIRUTHIPARAMBU, ALOOR VILLAGE, KERALA THRISSUR RURAL, PIN – 680 683
2 ANOOP, AGED 48 YEARS, S/O PANKAJAKSHAN, PARAMBIKATTIL HOUSE, V.R PURAM DESHOM, PERAMBRA VILLAGE, KERALA, PIN – 680 689
BY ADVS. MANUMON A. DINESH G WARRIER REBIN VINCENT GRALAN SURESH C. SANTHOSH.T.P JAYAN KUTTICHAKKU
RESPONDENT/ COMPLAINANT :
1 UNNIKRISHNAN, S/O THANKAPAN, ALOOR KARUVAN HOUSE, ALOOR DESAM, ALOOR VILLAGE, KERALA THRISSUR RURAL (SECRATARY ALOOR SERVICE CO-OPRATIVE BANK), PIN – 680 683
2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031
3 SHO ALOOR POLICE STATION, THRISSUR RURAL, KERALA, PIN – 680 683
CRL.MC NO. 487 OF 2024
2
BY ADVS. VIMAL VIJAY SIJO V.K(K/398/2002)
SRI. NOUSHAD K.A., PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 487 OF 2024
3
BECHU KURIAN THOMAS, J.
=-=-=-=-=-=-=-=-=-=-=-=-=-=
Crl.M.C.No.487 of 2024
=-=-=-=-=-=-=-=-=-=-=-=-=-=
Dated this the 5th day of February, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.
CRL.MC NO. 487 OF 2024
4
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
RKM
CRL.MC NO. 487 OF 2024
5
APPENDIX OF CRL.MC 487/2024
PETITIONERS' ANNEXURES :
Annexure 1 TRUE COPY OF FIR NUMBER 543 OF ALOOR POLICE STATION Annexure 2 CERTIFIED COPY OF FINAL REPORT IN CRIME 543 OF ALOOR POLICE STATION Annexure 3 AFFIDAVIT SWORN BY THE DEFACTO COMPLAINANT
1 issue framed by the court
Can criminal proceedings for cheating under Ss.420/34 IPC be quashed on Section 482 Cr.P.C grounds after settlement between accused and defacto complainant?
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherRelied on¶6
(2012) 10 SCC 303 · Who else cites this
Narinder Singh and Others v. State of Punjab and AnotherRelied on¶6
(2014) 6 SCC 466 · Who else cites this
Yogendra Yadav and Others v. State of Jharkhand and AnotherRelied on¶6
(2014) 9 SCC 653 · Who else cites this
3 provisions across 2 enactments
Rajeev
Anoop
Unnikrishnan
State of Kerala
SHO Aloor Police Station
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
