Kerala High Court
Crl.MC/8039/2019 of RAJAGOPALAN Vs THE SUB INSPECTOR OF POLICE, CHAVAKKAD POLICE STATION on 10 April 2025
HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE G.GIRISH THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 CRL.MC NO. 8039 OF 2019 CC NO.2419 OF 2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,CHAVAKKAD PETITIONERS/ACCUSED 1 TO 3: 1 RAJAGOPALAN AGED 65 YEARS MANAGING
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
CRL.MC NO. 8039 OF 2019
CC NO.2419 OF 2017 OF JUDICIAL MAGISTRATE OF FIRST
CLASS ,CHAVAKKAD
PETITIONERS/ACCUSED 1 TO 3:
RAJAGOPALAN
AGED 65 YEARS
MANAGING DIRECTOR, PLATINUM SUPER STRUCTURS PVT LTD, KALOOR, COCHIN - 682 017
K.P VENU
AGED 65 YEARS
DIRECTOR, PLATINUM SUPER STRUCTURS PVT LTD, KALOOR, COCHIN - 682 017
NANDAN
AGED 62 YEARS
DIRECTOR, PLATINUM SUPER STRUCTURS PVT LTD, KALOOR , COCHIN - 682 017
BY ADVS.
V.A.VINOD
S.RAJEEV(K/000249/1993)
M.S.ANEER(K/644/2013)
RESPONDENTS/STATE AND DE FACTO COMPLAINANT:
THE SUB INSPECTOR OF POLICE, CHAVAKKAD POLICE STATION
THRISSUR - 680 506
STATE OF KERALA
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031
RAMA GIRISHAN
W/O GIRISHAN, SREE RUDRAM RESIDENCY, PUTHENPALLI DESOM, MAMMIYOOR, GURUVAYOOR - 680 103
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BY ADV SRI.RAJIT
SMT SEETHA S, SR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 10.04.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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ORDER
The petitioners are the accused Nos.1 to 3 in CC No.2419/2017 on the files of the Judicial First Class Magistrate Court, Chavakkad, a case which arose out of a protest complaint by de facto complainant. The offences alleged against them are under Sections 406 and 420 IPC read with Section 34 IPC. In the present petition filed under Section 482 Cr.P.C, the petitioners seek to quash the proceedings in the said case.
2. Earlier, the Guruvayoor Temple Police had conducted an investigation in this case, on the basis of a complaint preferred by the 3rd respondent/de facto complainant. After completion of the investigation, the police referred the case by filing a refer report stating that the issue involved is of civil nature.
3. It is thereafter that the learned Magistrate took cognizance of the offence upon a protest complaint preferred by the de facto complainant/3rd respondent. The matter was referred to the Ernakulam Mediation Centre for making an effort for amicable settlement of the issue between the parties. The learned Mediator has filed a report dated 24.03.2025, along with Memorandum of Mediation Settlement
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Agreement, stating that the issue has been amicably settled between the parties. The de facto complainant/3rd respondent also filed an affidavit before this Court stating that, in accordance with the terms of the mediation settlement, the petitioners had paid the outstanding amount to her, and hence she has no objection in quashing the proceedings against them.
4. Heard the learned counsel for the petitioners, the learned counsel for the de facto complainant/3rd respondent, and the learned Public Prosecutor representing the State of Kerala.
5. The issue involved in this case relates to the non-payment of the balance amount of remuneration to the de facto complainant in connection with the interior work done in a building, as per the instructions of the petitioners. Apparently, the dispute is thus of private nature. Now, it is seen that the issue has been amicably settled between the parties, and the de facto complainant is not having any subsisting grievance against the petitioners. In the above circumstances, the continuation of the prosecution proceedings against the petitioners can only be termed as an abuse of process of court. Therefore, the prayer in this petition to quash the proceedings against them, is justifiable. In the result, the petition stands allowed. The proceedings against
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the petitioners in CC No.2419/2017 on the files of the Judicial First Class Magistrate Court, Chavakkad, are hereby quashed.
Sd/- G.GIRISH JUDGE IAP
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APPENDIX OF CRL.MC 8039/2019
PETITIONERS’ ANNEXURES:
ANNEXURE I CERTIFIED COPY OF THE COMPLAINT PREFERRED BY THE 3RD RESPONDENT WHICH IS PENDING AS C.C. NO.2419/2017 ON THE FILES OF HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVAKKAD.
ANNEXURE II TRUE COPY OF THE LEDGER ACCOUNT PERTAINING TO THE COMPANY OF 3RD RESPONDENT
ANNEXURE III TRUE COPY OF THE VOUCHERS ISSUED IN THE NAME OF 3RD RESPONDENT COMPANY.
ANNEXURE IV TRUE COPY OF THE FINAL REPORT IN CRIME NO. 248/2014.
Annexure-V SWORN AFFIDAVITS OF THE DEFACTO COMPLAINANT