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Ummer vs State of Kerala

UMMER vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 24, 2022
~4 min read
https://sooperkanoon.com/case/1533523

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Crl.MC/5210/2021

Parties & Advocates

Appellant / Petitioner

UMMER

Respondent

State of Kerala

Excerpt

.....charging of exorbitant interest act, 20122. the aforesaid crime was registered on the basis of acomplaint submitted by the 2nd respondent herein. the basic allegation against the petitioner is that, an amount of rs.75,000/- was borrowed by the de facto complainant on the basis of security of several documents including cheque, certain other title documents relating to his property and registration certificate of a vehicle belonging to the 2nd respondent. later, as there was some default in making repayment, he demanded exorbitant interest for the amount and also threatened the de facto complainant. on thebasis of the first information report, an investigation was conducted and ultimately annexure a2 final report was submitted for the offences. this crl.m.c. is filed by the petitioner praying for quashing the aforesaid proceedings.3. heard sri.v.v. binu, learned counsel for the petitioner, smt.v.sreeja, learned public prosecutor for the state and sri.d.maneksha, learned counsel for the 2nd respondent.4. learned counsel for the petitioner brought my attentionto annexure a4 affidavit sworn by the 2nd respondent / de facto complainant. in the aforesaid affidavit, it has been specifically averred by the de facto complainant that, the entire matter between parties has been settled and he has no subsisting grievances against the petitioner herein. he also expresses his no objection in terminating the proceedings against the petitioner prematurely.5. learned counsel appearing for the 2nd respondent acknowledges the aforesaid settlement. in addition to that, the learned public prosecutor placed before me a copy of thestatement obtained by the station house officer concerned from the 2nd respondent / de facto complainant. in the aforesaid statement also, it has been specifically mentioned that the dispute between the parties has been settled and he has no objection in quashing the proceedings against the petitioner.6. considering the settlement as evidenced by the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 24TH DAY OF JANUARY 2022 / 4TH MAGHA, 1943 IN CC 869/2015 OF JUDICIAL FIRST CLASS MAGISTRATE ,TIRUR, IN CRIME NO.360/2015 OF TIRUR POLICE STATION IN MALAPPURAM DISTRICT. PETITIONER/ACCUSED: UMMER AGED 40 YEARS S/O CHEKKAMINTEPURAKKAL ABDULKADHAR, PACHATTIRI AMSOM, PARAVANNA DESOM, PARAVANNA POST, TIRUR TALUK, MALAPPURAM DISTRICT, PIN-676 502. BY ADVS. BINU V.V. BINU S.K.PREMJITH MENON RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031 2 MAJEED M.K. AGED 47 YEARS S/O MARAKKARUKANDI MUHAMMED, RESIDING AT MARAKKARUKANDI HOUSE, VETTOM VILLAGE, PACHATTIRI AMSOM, PARAVANNA DESOM, PARAVANNA POST, TIRUR TALUK, MALAPPURAM DISTRICT, PIN-676 502. BY ADV SRI.MANEKSHA D. ADV. SREEJA V.-PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.01.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

The petitioner is the sole accused in Crime No.360/2015 of Tirur Police Station which is now pending as C.C. No.869/2015 on

the files of the Judicial First Class Magistrate Court, Tirur. The offences alleged against the petitioner are under Section 506 (1) of Indian Penal Code, Section 3 read with Section 7 of Kerala Money Lenders Act and under Section 3 read with Section 9(1)(a) of Kerala Prohibition of Charging of Exorbitant Interest Act, 2012

2. The aforesaid crime was registered on the basis of a

complaint submitted by the 2nd respondent herein. The basic allegation against the petitioner is that, an amount of Rs.75,000/- was borrowed by the de facto complainant on the basis of security of several documents including cheque, certain other title documents relating to his property and registration certificate of a vehicle belonging to the 2nd respondent. Later, as there was some default in making repayment, he demanded exorbitant interest for the amount and also threatened the de facto complainant. On the

basis of the First Information Report, an investigation was conducted and ultimately Annexure A2 final report was submitted for the offences. This Crl.M.C. is filed by the petitioner praying for quashing the aforesaid proceedings.

3. Heard Sri.V.V. Binu, learned counsel for the petitioner, Smt.V.Sreeja, learned Public Prosecutor for the State and Sri.D.Maneksha, learned counsel for the 2nd respondent.

4. Learned counsel for the petitioner brought my attention

to Annexure A4 affidavit sworn by the 2nd respondent / de facto complainant. In the aforesaid affidavit, it has been specifically averred by the de facto complainant that, the entire matter between parties has been settled and he has no subsisting grievances against the petitioner herein. He also expresses his no objection in terminating the proceedings against the petitioner prematurely.

5. Learned counsel appearing for the 2nd respondent acknowledges the aforesaid settlement. In addition to that, the learned Public Prosecutor placed before me a copy of the

statement obtained by the Station House Officer concerned from the 2nd respondent / de facto complainant. In the aforesaid statement also, it has been specifically mentioned that the dispute between the parties has been settled and he has no objection in quashing the proceedings against the petitioner.

6. Considering the settlement as evidenced by the aforesaid records, it is only proper that the further proceedings in

this case is to be quashed. It is evident from the allegations contained in Annexure A2 final report that, the dispute between the parties is basically private in nature. In Gian Singh v. State of Punjab [2012 (4) KLT 108], the Honorable Supreme Court has categorically held that, in cases where settlement has been arrived at between the parties, the proceedings can be quashed invoking

the powers under Section 482 of Cr.P.C. In the light of the principles laid down by the Hon'ble Supreme Court I am of the view that the proceedings in this case can be quashed by invoking the inherent powers of this Court. In such circumstances, I am inclined to allow this Crl.M.C. Accordingly, Annexure A2 final report in Crime No.360/2015 of Tirur Police Station and all further proceedings in C.C. No.869/2015 on the files of the Judicial First Class Magistrate Court, Tirur are hereby quashed.

Sd/- ZIYAD RAHMAN A.A. JUDGE SCS APPENDIX OF CRL.MC 5210/2021 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF FIR IN CRIME NO 2.3.2015 Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO 360/2015 OF TIRUR POLICE STATION DATED 27.3.2015 Annexure A3 CERTIFIED COPY OF THE COMPROMISE PETITION IN OS 82/2015 DATED 8.3.2018 Annexure A4 AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT. DATED 25.10.2021

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