Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 27TH DAY OF FEBRUARY 2024 / 8TH PHALGUNA, 1945 CRIME NO.2436/2021 OF Kothamangalam Police Station, Ernakulam AGAINST THE ORDER/JUDGMENT CC 195/2022 OF JUDICIAL FIRST MAGISTRATE COURT, KOTHAMANGALAM PETITIONER/ACCUSED: ANIL NAPOLEAN AGED 35 YEARS PUTHUVALPURAYIDAM HOUSE,MENAMKULAMKARA, MENAMKULAM VILLAGE, NEAR KINFRA, KAZHAKOOTTAM, THIRUVANANTHAPURAM DISTRICT, PIN - 695582 BY ADV NEETHU S. RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 JINTO PAUL AGED 34 YEARS S/O PAUL, THUDUMEL HOUSE, PINDIMANA P.O., PINDIMANA VILLAGE, KOTHAMANGALAM,ERNAKULAM DISTRICT, PIN - 686692 3 STATION HOUSE OFFICE KOTHAMANGALAM POLICE STATION, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686691 BY ADV Bharat Vijay P OTHER PRESENT: SRI. M.C. ASHI (PP) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
----------------------------------------- Crl.M.C. No. 572 of 2024 ---------------------------------------- Dated this the 27th day of February, 2024
ORDER
Petitioner has invoked the jurisdiction under Section 482 of Code of Criminal Procedure, 1973 to quash all proceedings against him.
2. Petitioner is the accused in C.C. No.195 of 2022 on the
files of the Judicial First Class Magistrate’s Court, Kothamangalam arising out of Crime No.2436 of 2021 of Kothamangalam Police Station registered for the offences under Sections 406 and 415 r/w Section 420 of the Indian Penal Code, 1860 apart from Section 24 r/w Section 10 of Emigration Act, 1983. Second respondent is the defacto complainant.
3. According to the prosecution, the accused had
committed criminal breach of trust and cheating by promising to provide an employment visa to the petitioner at Greece and thereby collecting a large amount of money, and thereafter failing to provide the visa or return the amount, and thereby committed the offences alleged.
4. Heard the learned counsel for the petitioner and the learned counsel for the respondent, apart from the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that
the matter has been settled and hence the proceedings against the petitioner ought to be quashed. It was also submitted that, considering the nature of offences alleged, no purpose would be served by continuing the proceedings.
6. In Gian Singh v. State of Punjab and Another [(2012)
10 SCC 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].
7. I have perused Annexure A3 affidavit filed by the 2 nd
respondent. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavit is genuine, and the defacto complainant stands by the contents thereof. I am satisfied that the matter has been settled and no public interest is involved in this case. There is no impediment for granting the prayer for quashing. The continuance of the proceedings will only be an exercise in futility.
8. Accordingly, all proceedings against the petitioner in
C.C. No.195 of 2022 on the files of the Judicial First Class Magistrate’s Court, Kothamangalam are quashed. This Crl.M.C is allowed as above. Sd/- BECHU KURIAN THOMAS JUDGE AJM APPENDIX OF CRL.MC 572/2024 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FIRST INFORMATION REPORT DATED 01/10/2021 IN CRIME NO. 2436/2021OF KOTHAMANGALAMPOLICE STATIONNOW PENDING AS C.C NO 195/2022 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1, KOTHAMANGALAM Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT DATED 31/10/2021 IN CRIME NO.2436/2021OF KOTHAMANGALAM POLICE STATION NOW PENDING AS C.C NO CLASS MAGISTRATE COURT-1, KOTHAMANGALAM Annexure A3 AN AFFIDAVIT SWORN BY THE SECOND RESPONDENT STATING THE SETTLEMENT OF ALL THE DISPUTES TRUE COPY