Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE30H DAY OF OCTOBER20148TH KARTHIKA, 1936 Crl.MC.No. 5288 of 2014 () -------------------------- AGAINST CP152014 of J.M.F.C.-III,PALAKKAD PETITIONER(S)/ACCUSED NOS. 1- 5: ------------------------------------------ 1. SANTHOSHMADHAVAN AGED42YEARS S/O.MADHAVAN NAIR, BILL TECH APARTMENTS, PIRAYIRI CHUNGAM, PALLIPURAM P.O., PALAKKAD.
2. SURYANARAYANAN AGED53YEARS S/O.BALAKRISHNAN NAIR, BALKRISHNA NIVAS KALLEKULANGARA, PALAKKAD.
3. BABY S/O.SURYANARAYANAN, BALKRISHNA NIVAS, KALLEKULANGARA PALAKKAD.
4. SETHUMADHAVAN @ SETHUNATH S/O.LATE VATSALA, THONAKKODE VEEDU, MUDAPPALLUR ALATHUR, PALAKKAD.
5. VINODKUMAR S/O.SUKUMARAN NAIR, AMRITHA, NEAR CIVIL STATION PALAKKAD. BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT(S)/ DE FACTO COMPLAINANT, CW2 &STATE: ---------------------------------------------------------------- 1. M. GANESHKUMAR, AGED42YEARS S/O.KARUPPAYYA, SEETHA NIVAS, KALLEKULANGARA P.O. PALAKKAD-678 009.
2. M.KAVITHA W/O.GANESHKUMAR, SEETHE NIVAS, KALLEKULANGARA P.O. PALAKKAD-678 009.
3. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031. R1,2 BY ADV. SRI.P.M.RAFIQ R3 BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON3010-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 5288 of 2014 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------ ANNEXURE-A.A CERTIFIED COPY OF THE PRIVATE COMPLAINT IN CMPNO.1568/2011 ON THE FILE OF THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE NO.III, PALAKKAD. ANNEXURE-B. AFFIDAVIT SWORN BY THE1T RESPONDENT HEREIN EVIDENCING THE AFORESAID SETTLEMENT ANNEXURE-C. AFFIDAVIT SWORN BY THE2D RESPONDENT HEREIN EVIDENCING THE AFORESAID SETTLEMENT RESPONDENT(S)' EXHIBITS -------------------------------- /TRUE COPY/ P.S TO JUDGE P.UBAID, J.
~~~~~~~~~~ Crl.M.C No.5288 of 2014 ~~~~~~~~~~~ Dated this the 30th October, 2014 ORDER
The petitioners are the five accused in C.P. 15 of 2014 before the Judicial First Class Magistrate Court-III, Palakkad. The learned Magistrate initiated committal proceedings on a complaint filed by one Ganesh Kumar before the court, alleging the offences under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act besides some offences under the Indian Penal Code against these five accused. The original transaction, which led to the complaint is in fact a loan transaction. However, cognizance was taken under the Kerala Money Lenders Act also. The petitioners now seek orders under 482 of the Code of Criminal Procedure quashing the prosecution on the ground that they and the de facto complainant have amicably settled the whole dispute out of court. Being a prosecution involving the offences under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, I directed the de facto complainant to appear in court in Crl.M.C No.5288 of 2014 2 person. Accordingly, he appeared. and I interacted with him as regards the settlement reported. He submitted before the court that the real transaction is a money lending transaction, and this transaction in fact led to the complaint made by him, alleging the offences punishable under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and also under the Kerala Money Lenders Act. No doubt, a single money lending transaction will not in any manner attract the provisions of the Kerala Money Lenders Act. It appears that a civil transaction was transformed into criminal transaction with some object. Anyway, the whole dispute now stands settled. The de facto complainant and his wife, who are the aggrieved persons, are respondents 1 and 2 in this proceeding. They have filed affidavit to the effect that they have settled the whole dispute with the accused, and that they have no grievance or complaint now.
2. On a perusal of Annexure-A complaint and the statements orally made by the de facto complainant before me, I find that this is not a case coming under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, or Crl.M.C No.5288 of 2014 3 under the Kerala Money Lenders Act. In so many decisions, the Hon'ble Supreme Court has held that even in cases involving non-compoundable offences, the High Court can act under Section 482 of the Code of Criminal Procedure, if the parties have really settled the whole dispute, or if continuance of the prosecution will not serve any purpose, other than wasting the precious time of the court. Here, I find that the parties have really settled the whole dispute. I also find that a pure and simple money transaction led to the complaint alleging serious offences under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. It is not known how cognizance could be taken under the Kerala Money Lenders Act on the basis of an alleged single money transaction. No doubt, this prosecution will definitely waste the precious time of the court, even if not settled. Anyway, the whole dispute stands settled and I accept the settlement. I am inclined to quash the prosecution in the above circumstances. In the result, this petition is allowed. The prosecution against the petitioner herein in C.P.No.15 of 2014 before Crl.M.C No.5288 of 2014 4 the Judicial First Class Magistrate Court-III, Palakkad will stand quashed under Section 482 of the Code of Criminal Procedure, and the petitioners will stand released from such prosecution. The bail bond, if any, executed by them will stand discharged. Sd/- P.UBAID JUDGE ma /True copy/ P.S to Judge