Kerala High Court
Crl.MC/7849/2017 of SYAM CHELLAPPAN Vs STATE OF KERALA on 29 December 2017
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939 Crl.MC.No. 7849 of 2017 () --------------------------- AGAINST CC 1096/2016 of J.F.C.M-II,THIRUVANANTHAPURAM CRIME NO. 1619/2015 OF FORT POLICE STATION,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939
Crl.MC.No. 7849 of 2017 ()
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AGAINST CC 1096/2016 of J.F.C.M-II,THIRUVANANTHAPURAMCRIME NO. 1619/2015 OF FORT POLICE STATION, THIRUVANANTHAPURAM
PETITIONER:-------------
SYAM CHELLAPPAN S/O CHELLAPPAN, AGED 43 YEARS, NO.6D, TRANQUIL RESIDENCY, CIVIL LANE ROAD, CHEMPUMUKKU, ERNAKULAM.
BY ADV. SRI.SABU S.KALLARAMOOLA
RESPONDENTS:-------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT BUILDINGS, ERNAKULAM. 2. ABILASH, S/O RAMACHNDRAN NAIR, AGED 30 YEARS, PLAVILA VEEDU, 16TH MILE, VATTAPPARA, THIRUVANANTHAPURAM 695028.
R1 BY PUBLIC PROSECUTOR SRI.C.K.PRASAD R2 BY ADV. SRI.P.K.SIRAJ MEHABOOB
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON29-12-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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APPENDIX
PETITIONER(S)' ANNEXURES-----------------------ANNEXURE 1 TRUE COPY OF THE FINAL REPORT SUBMITTED IN C.C NO.1096/2016 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, THIRUVANANTHAPURAM.
ANNEXURE 2 TRUE COPY OF THE FINAL ORDER IN C.C NO.474/2015 OF CDRF THIRUVANANTHAPURAM.
ANNEXURE 3 ORIGINAL AFFIDAVIT SWORN BY THE 2ND RESPONDENT.
RESPONDENT(S)' ANNEXURES----------------------- NIL
VPS/True Copy/
PS to Judge
RAJA VIJAYARAGHAVAN V., J
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Crl.M.C.No.7849 of 2017----------------------------------- Dated this the 29[th] day of December, 2017
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1. This petition is filed under Section 482 of the Code of CriminalProcedure with a prayer to invoke the extraordinary inherentpowers and to quash the pending criminal proceedings.Procedure with a prayer to invoke the extraordinary inherentpowers and to quash the pending criminal proceedings.
2. The petitioner herein is the sole accused in Crime No.1619 of2015 of Fort Police Station registered alleging offencespunishable under Section 420 of the IPC and under Section 13of the Kerala Money Lenders Act, 1958. Final report was laidand the case is now pending as C.C.No.1096 of 2016 on thefiles of the Judicial Magistrate of First Class-II,Thiruvananthapuram. The 2[nd] respondent is the victim.2015 of Fort Police Station registered alleging offencespunishable under Section 420 of the IPC and under Section 13of the Kerala Money Lenders Act, 1958. Final report was laidand the case is now pending as C.C.No.1096 of 2016 on thefiles of the Judicial Magistrate of First Class-II,Thiruvananthapuram. The 2[nd] respondent is the victim.
3. The proceedings are sought to be quashed on the basis of asettlement arrived at between the parties. The 2[nd] respondenthas entered appearance through his counsel. An affidavit hasbeen filed by the 2[nd] respondent reporting the factum ofsettlement. settlement arrived at between the parties. The 2[nd] respondenthas entered appearance through his counsel. An affidavit hasbeen filed by the 2[nd] respondent reporting the factum ofsettlement.
Crl.M.C.No.7849/2017
4. I have heard the submissions advanced by the learned counselappearing for the petitioner and the 2[nd] respondent and alsothe learned Public Prosecutor.appearing for the petitioner and the 2[nd] respondent and alsothe learned Public Prosecutor.
5. The learned counsel appearing for the parties submits that inview of the resolution of the disputes, the proceedings beforethe criminal court is a futile exercise. view of the resolution of the disputes, the proceedings beforethe criminal court is a futile exercise.
6. The learned Public Prosecutor after getting instructionsexpresses his reservations in the matter. However, it issubmitted that the petitioner is not a person with criminalantecedents.expresses his reservations in the matter. However, it issubmitted that the petitioner is not a person with criminalantecedents.
7. I have considered the submissions.
8. The position with regard to quashing of proceedings on thebasis of a compromise arrived at between the parties is by nowwell settled. Sufficient guidelines have been issued by the ApexCourt, the latest being reported in Parbatbhai Aahir @Parbatbhai Bhimsinhbhai Karmur and Others v. State ofGujarat and Another [2017 (12) SCALE 187 ]. basis of a compromise arrived at between the parties is by nowwell settled. Sufficient guidelines have been issued by the ApexCourt, the latest being reported in Parbatbhai Aahir @Parbatbhai Bhimsinhbhai Karmur and Others v. State ofGujarat and Another [2017 (12) SCALE 187 ].
9. The offence committed by the petitioner cannot be said to be Crl.M.C.No.7849/2017
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heinous and serious involving extreme mental depravity andquashing of the proceedings may not have a serious impact onthe society. It is felt that termination of the criminalproceedings on account of compromise would bring aboutpeace between the parties. Even otherwise, persisting with theprosecution would be nothing but a waste of time as theprospects of conviction would be bleak in view of thesettlement arrived at.
10. Having considered all the relevant circumstances, I am of the considered view that this Court will be well justified in invokingits extra ordinary powers under Section 482 of the Code toquash the proceedings.its extra ordinary powers under Section 482 of the Code toquash the proceedings.
In the result, this petition will stand allowed. Annexure-I final report and all proceedings pursuant thereto against thepetitioner now pending as C.C.No.1096 of 2016 on the files ofthe Judicial Magistrate of First Class-II, Thiruvananthapuramare quashed. SD/- RAJA VIJAYARAGHAVAN V., JUDGE
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