Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945 CRL.MC NO. 1491 OF 2024 CRIME NO.28/2023 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA PETITIONERS/ACCUSED: 1 PREETHA HARIDAS AGED 48 YEARS W/O HARIDAS, RESIDING AT KUTTUVELIL HOUSE, MATHILBHAGOM, THIRUVALLA P.O. PATHANAMTHITTA-689 101. FORMER BRANCH MANAGER, THIRUVALLA URBAN COOPERATIVE BANK LTD. NO. 477, KATTODE MANJADY BRANCH, PATHANAMTHITTA., PIN - 689101 2 THE SECRETARY THIRUVALLA URBAN CO-OPERATIVE BANK LTD. NO. 477, KATTODE MANJADY BRANCH, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689101
BY ADVS. AKHIL S.VISHNU T.P.PRADEEP G.AMBILY RESPONDENTS/STATE AND DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 VIJAYALAKSHMI AGED 65 YEARS RESIDING AT PANCHAJANYAM, -:2:- MATHILBAGAM, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689101 OTHER PRESENT: SRI. M.C. ASHI PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -:3:-
BECHU KURIAN THOMAS, J.
--------------------------------------- --------------------------------------- Dated this the 29th day of February, 2024
ORDER
Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.
2. Petitioners are accused in Crime No.28/2023 of Thiruvalla Police
Station, registered for the offences under Sections 409, 468 and 420 r/w Section 34 of the Indian Penal Code, 1860. Second respondent is the defacto complainant.
3. According to the prosecution, on 05.01.2015, the defacto
complainant deposited an amount of Rs.3,50,000/- in Thiruvalla Urban Co- operative Bank, and the accused had, as per the direction of the first accused, forged the fixed deposit receipts and collected the money, thereafter refused to return the money and cheated the de facto complainant and thereby committed the offences alleged.
4. Heard the learned counsel for the petitioners and the learned counsel for the respondent, apart from the learned Public Prosecutor.
5. The learned counsel for the petitioners submitted that the matter
has been settled and hence the proceedings against the petitioners ought to be quashed. It was also submitted that, considering the nature of -:4:- 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-C affidavit filed by the 2nd 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 petitioners in
Crime No.28/2023 of Thiruvalla Police Station, are quashed. This Crl.M.C is allowed as above. Sd/- BECHU KURIAN THOMAS JUDGE Jka/29.02.24. -:5:- APPENDIX OF CRL.MC 1491/2024 PETITIONER ANNEXURES Annexure-A A CIRTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.28/2023 IN THIRUVALLA POLICE STATION, DATED 4.1.2023. Annexure-B TRUE COPY OF MEMORANDUM OF AGREEMENT ENTERED IN WP(C) NO. 12539/2023 DATED 21.12.2023. Annexure-C TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT DATED 21.12.2023.