Gracy Jacob vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 29, 2024

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Citation: sooperkanoon.com/1309034
Court: Kerala High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Feb 29, 2024
Case Number: Crl.MC/1492/2024

Parties & Advocates

Appellant / Petitioner

Gracy Jacob

Respondent

State of Kerala

Excerpt

.....magistrate court-i, hosdurg, arising out of crime no.91/2015 of hosdurg police station, registered for the offences under sections 419, 420, 465, 467, 468, 471 and 120(b) r/w section 34 of the indian penal code, 1860. second respondent is the defacto complainant.3. according to the prosecution, the accused had, forged documents and cheated the defacto 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 matterhas been settled and hence the proceedings against the petitioners ought to be quashed. it was also submitted that, considering the nature of offences alleged, no purpose would be served by continuing the proceedings. -:4:-6. in gian singh v. state of punjab and another [(2012) 10 scc303], 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-5 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 inc.c.no.2339/2015 on the files of the judicial first class magistrate court-i, hosdurg, are quashed. this crl.m.c is allowed as above. sd/- bechu kurian thomas judge.....

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. 1492 OF 2024 CRIME NO.91/2015 OF HOSDURG POLICE STATION, KASARGOD IN CC NO.2339 OF 2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,HOSDRUG
PETITIONERS/ACCUSED 1, 2 AND 4: 1 GRACY JACOB AGED 56 YEARS D/O. TM CHACKO AND W/O.STEPHEN JOSEPH, R/AT MOORKUNNEL HOUSE, RAILWAY STATION CROSS ROAD, P.O.KANHANGAD, KASARGOD DISTRICT, PIN - 671315 2 M. STEPHEN JOSEPH AGED 61 YEARS S/O JOSEPH, R/AT MOORKUNNEL HOUSE, RAILWAY STATION CROSS ROAD, P.O. KANHANGAD, KASARGOD DISTRICT, PIN - 671315 3 M. MUHAMMED KUNHI AGED 60 YEARS S/O. HASSANKUNHI, R/AT MUNIYANKODE, CHITHARI, CHITHARI VILLAGE, HOSDRUG TALUK, KASARGOD DISTRICT, PIN - 671316 BY ADVS. SURESH KUMAR KODOTH SUKARNAN RESPONDENTS/STATE & DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, -:2:- HIGH COURT OF KERALA, ERNAKULUM, PIN - 682031 2 V HASHIM, AGED 48 YEARS S/O ABOOBACKER PK, FLAT NO. 7, KUWAIT TOWER, T B ROAD, HOSDURG, KANHANGAD PO, KASARGOD DISTRICT, PIN - 671315 BY ADV JAWAHAR JOSE 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 Nos. 1, 2 and 4 in C.C.No.2339/2015 on

the files of the Judicial First Class Magistrate Court-I, Hosdurg, arising out of Crime No.91/2015 of Hosdurg Police Station, registered for the offences under Sections 419, 420, 465, 467, 468, 471 and 120(b) r/w Section 34 of the Indian Penal Code, 1860. Second respondent is the defacto complainant.

3. According to the prosecution, the accused had, forged documents and cheated the defacto 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 offences alleged, no purpose would be served by continuing the proceedings. -:4:-

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-5 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

C.C.No.2339/2015 on the files of the Judicial First Class Magistrate Court-I, Hosdurg, are quashed. This Crl.M.C is allowed as above. Sd/- BECHU KURIAN THOMAS JUDGE Jka/29.02.24. -:5:- APPENDIX OF CRL.MC 1492/2024 PETITIONERS’ ANNEXURES Annexure 1 CERTIFIED COPY OF COMPLAINT ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE-I, HOSDURG, DATED 15/01/2015 Annexure 2 CERTIFIED COPY OF FIR NO. 91/2015 REGISTERED BY HOSDURG POLICE STATION Annexure 3 TRUE COPY OF THE FINAL REPORT DATED 24.06.2015, Annexure 4 TRUE COPY OF THE AGREEMENT DATED 8/2/2024 BETWEEN THE PETITIONERS AND 2 ND RESPONDENT Annexure 5 THE ORIGINAL AFFIDAVIT DATED 8/2/2024, SWORN BY 2 ND RESPONDENT

Same Court & Year Kerala · 2024 Same Parties Gracy Jacob vs State of Kerala Same Judge Honourable Mr. Justice Bechu Kurian Thomas