Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN TUESDAY,THE28H DAY OF JANUARY20148TH MAGHA, 1935 Crl.MC.No. 949 of 2014 -------------------------------- AGAINST THE ORDER
IN CC392011 of CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE CRIME NO. 50/2004 OF KASABA POLICE STATION , KOZHIKODE -------------- PETITIONER(S)/ACCUSED: -------------------------------------- S.GOPALAKRISHNAN, S/O.AVANANKATTIL SUKUMARAN, P.O.MUNDAKOT KURICHI, CHALAVARA, SHORNUR, PALAKKAD. BY ADVS.SRI.M.R.VENUGOPAL SMT.DHANYA P.ASHOKAN RESPONDENTS/STATE & COMPLAINANT: ---------------------------------------------------------- 1. STATE OF KERALA, (S.I.OF POLICE CRIME NO.50/2004 OF KASABA POLICE STATION, KOZHIKODE DISTRICT), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.
2. KERALA ROADWAYS (P) LIMITED, K.R.S.TOWERS, 1ST FLOOR, 17/66A, INDIRAGANDHI ROAD, KOZHIKODE, PIN-683 001, REPRESENTED BY ITS MANAGER (GMC) SRI.K.M.LATHEEF. R1 BY PUBLIC PROSECUTOR SMT.P.SAREENA GEORGE R2 BY ADV. SRI.S.B.PREMACHANDRA PRABHU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON2801-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ Crl.MC.No. 949 of 2014 -------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE I- TRUE COPY OF THE F.I.R DATED0602.2004 IN CRIME NO.50/2004 OF KASABA POLICE STATION. ANNEXURE II- CERTIFIED COPY OF THE FINAL REPORT DATED2901.2011 ALONG WITH WITNESS LIST. ANNEXURE III- CERTIFIED COPY OF THE COURT CHARGE DATED0108.2011 OF THE CHIEF JUDICIAL MAGISTRATE COURT. ANNEXURE IV- TRUE COPY OF THE AFFIDAVIT DATED2301.2014 SWORN INTO BY THE DEFACTO COMPLAINANT EVIDENCING THE FACTUM OF SETTLEMENT. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL. / TRUE COPY / P.S. TO JUDGE PJ K. RAMAKRISHNAN, J.
------------------------------------------------------------------ Crl.M.C. No.949 of 2014 --------------------------------------------------------------------- Dated this the 28th day of January, 2014 ORDER
This criminal miscellaneous case is filed by the accused in C.C.No.39/2011 (Crime No.50/2004 of Kasaba Police Station, Kozhikode District), to quash the proceedings on the basis of the settlement arrived at between the petitioner and the 2nd respondent under Section 482 of the Code of Criminal Procedure (hereinafter called the 'Code').
2. It is alleged in the petition that, the petitioner was working under the 2nd respondent concern as an employee and on the basis of the complaint given by the 2nd respondent, Kasaba Police had registered a case, as crime No.50/2004 of Kosaba Police Station, Kozhikode District, alleging offences under Sections 405, 408, 418, 463, 468 and 420 of Indian Penal Code. The case was originated on the basis of a private complaint filed by the Crl.M.C. No.949 of 2014 2 2nd respondent before the Chief Judicial Magistrate Court, Kozhikode, which was forwarded to the police for investigation under Section 156(3) of the `Code' and after investigation, the investigating officer had filed a final report against the petitioner, alleging commission of the above said offence. Thereafter, the case was taken on file by the Chief Judicial Magistrate, Kozhikode as C.C.No.39/2011 and after hearing both sides, charge has been framed for the above offences.
3. The matter has been settled between the parties and the defacto-complaint is not interested in pursuing the matter further. Since offences under Section 463 and 468 of Indian Penal Code are not compoundable, they have no other option, but to file the application before this court, to quash the proceedings under Section 482 of the Code. Hence this petition.
4. Heard the learned counsel for the petitioner, 2nd respondent and learned Public Prosecutor.
5. The counsel for the 2nd respondent submitted Crl.M.C. No.949 of 2014 3 that, the matter has been settled between the petitioner and the 2nd respondent concern. The board of directors of the 2nd respondent have decided not to proceed against the petitioner considering his pitiable conditions.
6. It is true that the case has been registered on the basis of a private complaint filed by the 2nd respondent against the petitioner, alleging commission of offence under Sections 405, 408, 418, 463, 468 and 420 of the Indian Penal Code and after investigation, final report has been field and the Chief Judicial Magistrate has taken cognisance of the case, as C.C.No.39/2011 for the above said offences. It is also seen from the affidavit filed by the authorised signatory of the 2nd respondent concern, that the matter has been settled between the parties, due to the intervention of the mediators and they do not want to proceed with the case and they have no objection in recording the settlement arrived at between the 2nd respondent and the petitioner and quash the proceedings. In the decision reported in Gian Singh v. State of Punjab Crl.M.C. No.949 of 2014 4 [2012(4) KLT108(SC), it has been held that, in cases where the parties have settled the case and the cases involving money transaction between the parties, then, if the court is satisfied that it is not a matter affecting public revenue or public institution, or society at large then the court can invoke the power under Section 482 of the 'Code' and quash the proceedings, as no purpose will be served in proceeding the case, in view of the settlement arrived at between the parties.
7. In this case also, the 2nd respondent has already decided not to proceed with the case, against the petitioner, in view of the factum of settlement. I do not think that any purpose will be served by allowing the case to be proceeded in the lower court. Further, it is a dispute between a private company and an employee under them. There is no public money involved in this case as well. So considering the circumstances, I feel that it is a fit case where the power under Section 482 of the 'Code' can be invoked to quash the proceedings. So the composition Crl.M.C. No.949 of 2014 5 entered into between the petitioner and the 2nd respondent as evidenced by the affidavit filed by the authorised signatory of the 2nd respondent is recorded and the case against the petitioner pending as C.C.No.39/2011 on the file of the Chief Judicial Magistrate Court, Kozhikode, is hereby quashed. In the result, this criminal miscellaneous case is allowed and the proceedings in C.C.No.39/2011(Crime No.50/2004 of Kasaba Police Satation, Kozhikode District) pending before Chief Judicial Magistrate Court, Kozhikode against the petitioner is quashed. The office is directed to communicate this order to the concerned court forthwith. Sd/- K. Ramakrishnan, Judge // True Copy // P.A. to Judge ss