Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 31ST DAY OF JULY 2024 / 9TH SRAVANA, 1946 CRL.MC NO. 1078 OF 2018 CRIME NO.467/2016 OF PERINTHALMANNA POLICE STATION, MALAPPURAM AGAINST THE ORDER IN CC NO.145 OF 2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PERINTHALMANNA PETITIONER: JAYAPRAKASH S/O. NARAYANA PANICKER THEKKETHIL HOUSE,ALIPARAM P.O., PERINTHALMANNA TALUKPERINTHALMANNA TALUK, MALAPPURAM DISTRICT, PIN.679357. BY ADVS. SRI.ANOOP.V.NAIR SRI.V.MANOJKUMAR SRI.M.V.SURESH KANNUR SRI.V.K.SREEJITH SMT.M.SRUTHI DAS RESPONDENTS/COMPLAINANT: 1 STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA 682031. 2 THE CIRCLE INSPECTOR OF POLICE PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT 676505. 3 THE SUB INSPECTOR OF POLICE PERINTHALMANA POLICE STATION, MALAPPURAM DISTRICT-676505.
4 V.T.SANKARANARAYANANN NAIR MADHURI HOUSE ALIPARAMBA DESOM,PERINTHALMANNA TALUK PERINTHALMANNA, MALAPPURAM DISTIRCT-679357. 5 MADHAVIKUTTY AMMA ( SOUGHT TO BE IMPLEADED ) W/O.LATE V.T.S. NAIR, MADHURI ALIPARAMBA, MALAPPURAM, ALIPARAMBA, KERALA-679357. 6 REMA JAYACHANDRAN ( SOUGHT TO BE IMPLEADED ) D/O.LATE V.T.S. NAIR, W/O.JAYACHANDRAN, MADHURI, NEAR GOVERNMENT HIGH SCHOOL , ALIPARAMBA, MALAPPURAM, KERALA-679357. 7 PREMA K.D ( SOUGHT TO BE IMPLEADED ) D/O.LATE V.T.S. NAIR, W/O. MANIKANDAN M, MAITHIRI LML LANE, CALICUT ROAD, PERINTALMANNA , MALAPPURAM, KERALA-679322.
8 HEMA RAJENDRAN ( SOUGHT TO BE IMPLEADED ) D/O.LATE V.T.S. NAIR, W/O.RAJENDRAN K.P, FLAT NO.209, MAHAVEER RICH APARTMENT, AGB LAYOUT, NEAR SAPTAGIRI ENGINEERING COLLEGE, CHIKKABANAVARA, ABBIGERE, BANGALORE, KARNATAKA- 560090. BY ADVS. SMT. DEEPA NARAYANAN SRI. K.JAYESH MOHANKUMAR SRI. PUSHPARAJAN KODOTH SMT. PREETHI. P.V. SRI. T.SETHUMADHAVAN SR. SMT. VANDANA MENON SRI. SREEHARI R SMT. NIMA JACOB (PP) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
--------------------------------------------------- CRL.MC.No.1078 of 2018 ---------------------------------------------------- Dated this the 31st day of July, 2024
ORDER
Petitioner is the accused in C.C.No.145 of 2017 on the files of Judicial First Class Magistrate Court-I, Perinthalmanna, which is arising out of Crime No.467 of 2016.
2. Prosecution alleged that the accused had projected
himself to be an agent of a company by the name PACL India Limited and collected Rs.2000/- per month from the defacto complainant for the period 30.11.2009 to 30.03.2015 on the promise that land will be registered in his name against the payments made, but contrary to the promise, failed to register the land or return the money and instead forged documents and thereby committed the offences alleged.
3. During the course of the proceedings before this
Court challenging the final report in C.C.No.145/2017, the defacto complainant died. His wife has been impleaded as an additional respondent. The legal heirs of the defacto complainant have agreed to settle the matter as is evident from Annexure A12 affidavit filed before this Court. The learned public prosecutor was directed to get instructions from the investigating officer regarding the veracity of the affidavit and also the willingness of the legal heirs of the defacto complainant to settle the matter as mentioned in the affidavit produced by them.
4. The learned public prosecutor upon instructions
submitted that the wife of the defacto complainant has given a statement that the legal heirs have no objection in quashing the proceedings as they have settled the matter. In the above circumstances, I am inclined to accept the settlement entered between the legal heirs and the petitioner.
5. In the decision 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)] 9 SCC 653].
6. In view of the above, all proceedings in CC
No.145/2017 on the files of Judicial First Class Magistrate-I, Perinthalamanna arising out of Crime No.467 of 2016 of Perinthalmanna Police Station is here by quashed. Hence, this Crl.M.C is allowed. Sd/- BECHU KURIAN THOMAS JUDGE HKH/31.07.2024 APPENDIX OF CRL.MC 1078/2018 PETITIONER ANNEXURES ANNEXURE AXI TRUE COPY OF THE AFFIDAVIT ENTERED BY THE LEGAL HEIRS OF THE DEFACTO COMPLAINANT DATED 15.03.2024 ANNEXURE AXII TRUE COPY OF THE SETTLEMENT AGREEMENT
DATED 15.03.2024 ENTERED BETWEEN THE LEGAL HEIRS OF THE DEFACTO COMPLAINANT AND THE ACCUSED/APPLICANT
ANNEXURE III: TRUE COPY OF THE PRIVAT COMPLAINT FILED BY THE 4TH RESPONDENT BEFORE JFCM COURT-1, PERINTHALMANNA DATED 02.06.2016` ANNEXURE IV: TRUE COPY OF IDENTITY CARD ISSUED BY PACL INDIA LIMITED IN THE NAME OF THE PETITIONER ANNEXURE V: TRUE COPY OF THE RECEIPT VOUCHER ISSUED BY THE PACL INDIA LIMITED ANNEXURE VI: TRUE COPY OF THE PAPER PUBLICATION PUBLISHED IN MANORAMA DAILY DATED 27.08.2016 BY SECURITES AND EXCHANGE BOARD OF INDIA (SEBI) ANNEXURE I TRUE COPY OF FIR IN CRIME NO.467/2016 ON THE FILE OF PERINTHALMANNA POLICE STATION PENDING BEFORE JFCM COURT-1, PERINTHALMANNA ANNEXURE VIII: TRUEC OPY OF LETTER ISSUED BY JUSTIC R.M.LODHA COMMITTEE IN THE MATTER PACL, INDIA LIMITED COMPANY, TO THE PETITIONER ANNEXURE IX: TRUE COPY OF LETTER ISSUED BY THE PETITIONER DATED 13.12.2017 TO HON'BLE JUSTICE R.M.LODHA COMMITTEE ANNEXURE X: TRUE COPY OF RETURNED COVER, RECEIVED BY THE PETITIONER ANNEXURE VII: TRUE COPY OF ORDER OF THE HON'BLE SUPREME COURT IN CIVIL APPEAL NO.13301/2015 AND CONNECTED MATTERS ANNEXURE II TRUE COPY OF THE CHARGE SHEET IN C.C.NO.145/2017 ON THE FILE OF THE JFCM COURT-1, PERINTHALMANNA