Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 19TH DAY OF SEPTEMBER 2023 / 28TH BHADRA, 1945 CRL.MC NO. 2133 OF 2023 CRIME NO.89/2022 OF KATTOOR POLICE STATION, THRISSUR PETITIONERS/ACCUSED NOS.1 AND 2: 1 VENU AGED 54 YEARS PERUMBADAPPU HOUSE, IRINJALAKKUDA, THANISSERY.P.O., MANAVALASSERY, THRISSUR, PIN - 680 701. 2 UNNIKRISHNAN AGED 59 YEARS, S/O.VIVEKANANDAN NAIR, THAYAMKOT HOUSE, VALAPPAD, VALAPPAD.P.O., THRISSUR, PIN - 680 567. BY ADVS. C.A.CHACKO C.M.CHARISMA RESPONDENTS/COMPLAINANT & DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. 2 SARITHA AGED 42 YEARS, D/O.THANKAPPAN, CHAKKANCHATH HOUSE, PULLATHARA DESOM, KARALAM VILLAGE, THRISSUR, PIN - 680 711. BY ADVS VIPIN NARAYAN (PP) BENNY VARGHESE (FOR R2) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C. NO.2133 OF 2023 2
ORDER
Petitioners are accused Nos. 1 and 2 in Crime No.89/2022 of Kattoor Police Station, Thrissur District, alleging commission of offences under Sections 354 A(l)(i), 406, 420, 294 (b), 468 & Section 471 of the Indian Penal Code, Section 17 of the Kerala Money Lenders Act and Section 9 of the Kerala Prohibition of Charging Exorbitant Interest Act.
2. The allegation against the petitioners is that they
lent some money to the defacto complainant after obtaining from her a title deed relating to her property, certain signed stamp papers etc. It is alleged that though the defacto complainant returned the money along with interest, the petitioners did not return the documents to her and when she demanded for return of the documents, the petitioners went to the house of the defacto complainant and abused her and outraged her modesty.
3. The learned counsel appearing for the petitioners
would submit that the petitioners and the defacto complainant have settled all disputes between themselves. It is submitted that the defacto complainant has no objection in quashing the proceedings against the petitioners. Reference is made in this Crl.M.C. NO.2133 OF 2023 3 regard to Annexure-A2 affidavit executed by the defacto complainant.
4. The learned Public Prosecutor and the learned counsel appearing for the defacto complainant do not dispute the fact that the issues between the petitioners and the defacto complainant have been settled.
5. Having heard the learned counsel appearing for the
petitioners, learned Public Prosecutor and the learned counsel appearing for the defacto complainant/2nd respondent, and having perused Annexure-A2 affidavit executed by the 2 nd respondent, I am of the view that this is a fit case where the jurisdiction of this Court under Section 482 of Cr.P.C. can be invoked to quash the proceedings against the petitioners. No public interest will be served by continuing with the proceedings against the petitioners. Accordingly, this Crl.M.C is allowed and all further proceedings in Crime No.89/2022 of Kattoor Police Station, Thrissur District will stand quashed as against the petitioners.
Sd/- GOPINATH P. JUDGE ats Crl.M.C. NO.2133 OF 2023 4 APPENDIX OF CRL.MC 2133/2023 PETITIONERS’ ANNEXURES Annexure A1 CERTIFIED COPY OF FIR IN CRIME NO.89/2022 OF KATTOOR POLICE STATION DATED 27/1/2022 ALONG WITH FIS Annexure A2 AFFIDAVIT DATED 6/3/2023 OF 2ND RESPONDENT