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Prashanth Nair vs State of Kerala

Prashanth Nair vs State of Kerala

Type Court Judgment Court Kerala Decided Apr 27, 2021
~4 min read
https://sooperkanoon.com/case/1625801

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Crl.MC/1954/2021

Parties & Advocates

Appellant / Petitioner

Prashanth Nair

Respondent

State of Kerala

Excerpt

.....central police station, ernakulam, registered against the petitioner for offences punishable under sections 406 and 420 of the indian penal code.3. the prosecution allegation is that the petitioner with an intention to cheat the second respondent-defacto complainant purchased a solitire diamond by fraudulently representing himself to be the marketing manager of flf bangalore, thereby committing the offence. annexure a1 is the f.i.r. registered by the police in crime no.1686/2019. -3-4. heard the learned counsel appearing for the petitioner, learned public prosecutor appearing for the first respondent and the learned counsel appearing for the second respondent. perused the records.5. the learned counsel appearing for thepetitioner submitted that with the intervention of well wishers, the subject matter in dispute between the petitioner and the second respondent has been settled out of court. the learned counsel for the second respondent submitted that the second respondent has filed annexure a2 affidavit, inter alia, stating that he has no subsisting grievance against the petitioner and he is no longer desirous of pursuing the matter any further. learned counsel vouched for the signature of the second respondent.6. the learned public prosecutor reported thatthe investigating officer has ascertained the -4- genuineness of the settlement and the second respondent has admitted the execution of annexure a2 affidavit. the state has no serious objection in the petition being allowed.7. the hon'ble supreme court in gian singh vs.state of punjab [2012 (10) scc 303] and prabatbhai aahir @ parbatbhai bhimsinhbhai karmur and others vs. state of gujarat and another [(2017) 9 scc 641] has held that in facts and circumstances of a case and to secure the ends of justice, where the high court is satisfied that an amicable settlement has been arrived between the parties and the offence is not serious in nature involving mental depravity, criminal proceedings may be quashed.8......

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 27TH DAY OF APRIL 2021 / 7TH VAISAKHA, 1943 Crl.MC.No.1954 OF 2021(D) CRIME NO.1686/2019 OF Ernakulam Central Police Station, Ernakulam PETITIONER/ACCUSED: PRASHANTH NAIR AGED 38 YEARS S/O SIVAKUMAR NAIR, FLAT NO.402, SAI NIKHILA ARCADE, EJIPURA 21ST CROSS, N.RAMA TEMPLE, BANGLORE, KARNATAKA-560047. BY ADVS. SRI.R.ROHITH SMT.HARISHMA P.THAMPI RESPONDENTS/STATE & DEFACTO COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031. 2 P.P. SUNNY AGED 59 YEARS S/O P.D. POULOSE, SUNNY HOUSE, THEKKUMTHALA ROAD, ERNAKULAM, PIN-682031. R2 BY ADV. SAYED MURTHALA THANGAL R1 BY SMT.REHNA N.S. PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -2-

ORDER

This petition is filed under Section 482 of the Code of Criminal Procedure.

2. The petitioner is accused in Crime No.1686/2019 of the Central Police Station, Ernakulam, registered against the petitioner for offences punishable under Sections 406 and 420 of the Indian Penal Code.

3. The prosecution allegation is that the petitioner with an intention to cheat the second respondent-defacto complainant purchased a solitire diamond by fraudulently representing himself to be the Marketing Manager of FLF Bangalore, thereby committing the offence. Annexure A1 is the F.I.R. registered by the Police in crime No.1686/2019. -3-

4. Heard the learned counsel appearing for the petitioner, learned Public Prosecutor appearing for the first respondent and the learned counsel appearing for the second respondent. Perused the records.

5. The learned counsel appearing for the

petitioner submitted that with the intervention of well wishers, the subject matter in dispute between the petitioner and the second respondent has been settled out of court. The learned counsel for the second respondent submitted that the second respondent has filed Annexure A2 affidavit, inter alia, stating that he has no subsisting grievance against the petitioner and he is no longer desirous of pursuing the matter any further. Learned counsel vouched for the signature of the second respondent.

6. The learned Public Prosecutor reported that

the investigating officer has ascertained the -4- genuineness of the settlement and the second respondent has admitted the execution of Annexure A2 affidavit. The State has no serious objection in the petition being allowed.

7. The Hon'ble Supreme Court in Gian Singh vs.

State of Punjab [2012 (10) SCC 303] and Prabatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others vs. State of Gujarat and another [(2017) 9 SCC 641] has held that in facts and circumstances of a case and to secure the ends of justice, where the High Court is satisfied that an amicable settlement has been arrived between the parties and the offence is not serious in nature involving mental depravity, criminal proceedings may be quashed.

8. After considering the facts and circumstances of the case and on being convinced that ends of justice would justify the exercise of the inherent power of this -5-

Court, particularly since the alleged offences are not serious in nature, no public interest is involved, the chances of conviction is remote, the continuation of the proceeding would only be wastage of judicial time and the settlement would augur harmony, I am satisfied that the petition is to be allowed. In the result, the Crl.M.C. is allowed. Annexure A1 F.I.R. in crime No.1686/2019 of the Central Police Station, Ernakulam and all further proceedings pursuant to it as against the petitioner are quashed. Sd/- C.S.DIAS JUDGE Nkr/ -6- APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE-AI THE CERTIFIED COPY OF THE FIR, IN CRIME NO.1686 OF 2019 OF CENTRAL POLICE STATION ERNAKULAM DISTRICT. ANNEXURE-A2 THE AFFIDAVIT, SOLEMNLY AFFIRMED BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT. RESPONDENT/S EXHIBITS: NIL

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