Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN THURSDAY, THE29H DAY OF MAY20148TH JYAISHTA, 1936 Crl.MC.No. 2777 of 2014 () --------------------------- CC.NO.482/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,NILAMBUR CRIME NO. 779/2012 OF NILAMBUR POLICE STATION , MALAPPURAM DISTRICT ------------------------------- PETITIONER(S)/PETITIONER: ---------------------------------------------- 1. MUSTAFA, S/O.KONNATH ALAVI, THORATH HOUSE, PULLARA P.O., MALAPPURAM DISTRICT.
2. P.P.ASKAR,S/O.IBRAHIM HAJI, PEEDIKA PARAMBAN HOUSE, ALATHOORPADI, MALAPPURAM DISTRICT. BY ADVS.SRI.BABU S. NAIR SRI.K.RAKESH RESPONDENT(S)/STATE & DEFACTO COMPLAINANT : ------------------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, NILAMBUR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31 2. T. SHELOOB, S/O.ABU, THADATHIL HOUSE, CHEMBANKADU, MAMPAD, NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN-676 542 R1 BY PUBLIC PROSECUTOR SMT. P.MAYA R2 BY ADV. SRI.R.RANJITH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON2905-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts Crl.MC.No. 2777 of 2014 () -------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES: -------------------------------------------- ANNEX A:- TRUE COPY OF THE MEMORANDUM OF EVIDENCE AND CHARGE IN CRIME NO.779/2012 OF NILAMBUR POLICE STATION, ANNEX B:- TRUE COPY FO THE AFFIDAVIT SWORN TO BY THE2D RESPONDENT DTD165/2014 RESPONDENT(S)' ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts K.RAMAKRISHNAN, J.
--------------------------- Crl.M.C.No.2777 of 2014 ------------------------------- Dated this the 29th day of May, 2014 ORDER
This application is filed by the accused Nos. 1 and 2 in C.C.No. 482 of 2013 on the files of Judicial First Class Magistrate's Court, Nilambur to quash the proceedings in the basis of settlement under Section 482 of the Code of Criminal Procedure (hereinafter referred as the 'Code').
2. It is alleged in the petition that petitioners are accused in C.C.No. 482 of 2013 which is pending before Judicial First Class Magistrate's Court, Nilambur. The 2nd respondent had filed private complaint before the Judicial First Class magistrate's Court, Nilambur against the petitioner alleging commission of offence under Sections 420 read with Section 34 of the Indian Penal Code and the learned Magistrate has forward the same for investigation to the police under Section 156(3) of the Code. On that basis Nilambur police had registered a case as Crime No. 779 of 2012 of Nilambur Police Station. After investigation, they filed final report against the Crl.M.C.No.2777 of 2014 2 petitioners and the case was taken on file as C.C. No.482 of 2013 and it is pending before the Judicial First Class Magistrate's Court, Nilambur. Now the matter has been settled between the parties and in the meantime no purpose will be served by keeping the case on file. So the petitioners have no other remedy except to approach this Court seeking the following relief. " to quash the entire proceedings as against the petitioners in C.C.No.482/2013 of the J.F.C.M., Nilambur arising out of Crime No.779/2012 of the Nilambur Police Station, in view of Annexure B, in the interests of justice." 3. Second respondent appeared through counsel and submitted that the matter has been settled and he does not want to proceed with the prosecution and he received the amount from the petitioners. He had also submitted that he had filed an affidavit stating these facts.
4. The counsel for the petitioners also submitted that in view of the settlement, no purpose will be served by allowing the case to proceed with and he prayed for allowing the application. Crl.M.C.No.2777 of 2014 3 5. The learned Public Prosecutor, on instruction as directed by this Court, submitted that except this case, there is no other case against the petitioners but opposed the application.
6. It is an admitted fact that on the basis of private complaint filed by the second respondent against the petitioners which was forward before the Judicial First class Magistrate's Court, Nilambur which was forwarded to the police for investigation by the learned Magistrate under Section 156(3) of the Code, crime No.779 of 2012 of Nilambur Police Station was registered against the petitioners alleging offences under Sections 420 read with Section 34 of the Indian Penal Code. It is also an admitted fact that after investigation, final report was filed and the case was taken on file as C.C.No. 482/2013 and it is pending before Judicial First class Magistrate's Court, Nilambur. In the meantime the matter has been settled between the parties. It is also seen from the Annexure B affidavit filed by the 2nd respondent that the matter has Crl.M.C.No.2777 of 2014 4 been settled due to the intervention of mediators and the amount due in the transaction has been received as well. On going through the allegation it is seen that it is a matter of civil nature which resulted in initiation of criminal action. In view of the settlement there is no possibility of conviction as well.
7. Further in the decision reported in Gian Singh V. State of Punjab (2012 (4) KLT108SC) the Hon'ble Supreme Court has held that if the case is of civil nature or relating to some money transaction or business transaction which resulted in filing of a criminal complaint and the matter is settled between the parties, then effort must be made to give to effect to the settlement and invoking the power under settlement under Section 482 of the Code, the proceedings has to be quashed by the High Court as powers under Sections 320 and 482 of the Code are different.
8. In view of the dictum laid down in the above decision and also considering the fact that it is of civil nature and the parties have settled the dispute and no Crl.M.C.No.2777 of 2014 5 purpose will be served by retaining the case as conviction will be remote in such cases and it will be only a wastage of judicial time, this Court feels that power under Section 482 of the Code has to be invoked to quash the proceedings. So the petition is allowed and further proceedings in C.C.No.482/2013 (Crime No.779/2012 of the Nilambur Police Station) pending before Judicial First Class Magistrate's Court Nilambur as against the petitioners is quashed. Office is directed to communicate this order to the concerned court immediately for necessary further action in this regard. Sd/-K.RAMAKRISHNAN JUDGE MJL