Full Judgment
CRL.MC NO. 3654 OF 2024 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946 CRL.MC NO. 3654 OF 2024 IN CC NO.280 OF 2022 OF JUDICIAL FIRST CLASS MAGISTRATE COURT- III, NORTH PARAVUR
PETITIONERS/ACCUSED NOS.1 TO 4: 1 PRASANTH G., AGED 44 YEARS S/O. GOPINATH, PONNOKKODU HOUSE, NEAR CHATTUKULAM AMBALAM, KADUNGALLOOR, ALUVA,, PIN - 683101. 2 SHINOB AGED 40 YEARS S/O. JOSEPH, KURUPPATH HOUSE, PUTHANPALLY, VARAPPUZHA, PIN - 683501. 3 ANTONY O.J. AGED 45 YEARS S/O. JOSEPH, ARACKAL HOUSE, NAYARAMBALAM, ERNAKULAM DISTRICT,, PIN - 682509.
4 VARGHESE AGED 59 YEARS MARAPPARAMBIL HOUSE, CHIRAKKAKAM, VARAPPUZHA, PIN - 683517. BY ADVS. K.R.VINOD M.S.LETHA NABIL KHADER RAHUL S. DEVIKA S. RESPONDENTS/COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031. 2 SUJAN, S/O. JAMES, PORATHOOKKARAN HOUSE, SAHAKARANA ROAD, EDAPPALLY P.O., KOCHI-, PIN - 682024. SRI.M.C ASHI, PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 3654 OF 2024 2
ORDER
This is a petition filed under Section 482 of the Code of Criminal Procedure, by the accused Nos.1 to 4, which is pending as CC. No.280 of 2022 on the file of the Judicial First Class Magistrate Court III, North Paravur. The offences alleged against the petitioners are punishable under Sections 406, 420 and 120B of the Indian Penal Code.
2. The prosecution case is that the de facto complainant received
an amount of Rs.11,05,250/- from the petitioners and paid back the same with interest. It is submitted that even after the payment of the amount, the petitioners, did not returned the cheque leaves, stamp paper and revenue stamp affixed in the white paper signed by the de facto complainant at the time of advancing the said amount. Thus they have committed the offences of criminal breach of trust as well as cheating.
3. According to the petitioners, the dispute has been settled with
the defacto complainant/victim, the respondent No.2. All of them agreed to drop all further proceedings relating to the above dispute. Therefore, he prayed for quashing all further proceedings in Annexure A1.
4. The Defacto complainant filed affidavit endorsing the
averments in the Criminal MC. According to him, the case has been amicably settled and that he does not intend to proceed with the case and CRL.MC NO. 3654 OF 2024 3 also that further proceedings in the case can be quashed. He has no further grievance against the petitioners.
5. Learned Public Prosecutor also stated that the dispute has been
settled between the parties and hence further proceedings in the case can be quashed. Signed statement of the defacto complainant also have been filed, which substantiates the averments in his affidavit.
6. Considering the fact that the offences under sections 406, 420
and 120(B) of the Indian Penal Code involved in this case are not heinous and very serious in nature, and the dispute has been settled between the petitioners and defacto complainant, this is a fit case in which further proceedings can be quashed. In the result, This Crl. M.C is allowed. All further proceedings in CC. No.280 of 2022 on the file of the Judicial First Class Magistrate Court III, North Paravur is quashed. Sd/- C. PRATHEEP KUMAR JUDGE Sru CRL.MC NO. 3654 OF 2024 4 APPENDIX OF CRL.MC 3654/2024 PETITIONERS ANNEXURES Annexure A1 THE COPY OF THE COMPLAINT FILED BY THE 2 ND
RESPONDENT IN C.C NO.280/2022 IN THE FILES JUDICIAL FIRST CLASS MAGISTRATE COURT-III, NORTH PARAVOOR. Annexure A2 THE AFFIDAVIT SWORN BY THE RESPONDENT NO.2 DATED 12.04.2024.