All For Chits Pvt Ltd v State of Kerala

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Bechu Kurian Thomas
Judgment Date: 2024-04-05
Court Decision / Holding: All proceedings against the petitioners in Crime No. 3580/2023 of Ernakulam Central Police Station are quashed. The CrL.M.C.Nos.1717/2024, 2192/2024 and 3080/2024 are allowed.
Final Disposition: Quashed the proceedings; CrL.M.Cs allowed.

Parties to the Case

Appellants / Petitioners

Babu K M (2nd accused)
Jancy (3rd accused)
All For Chits Pvt Ltd represented by MD Kalathiparambil Michael Babu

Respondents

State of Kerala represented by its Public Prosecutor, High Court of Kerala, Ernakulam
Soumini W/o Surendran Korangathupadam, Gandhi Square, Pettap.O., Poonithura, Ernakulam, Kerala

Legal Representation & Advocates

Counsels for Petitioners

• E. A. Bijumon
• V. R. Gopu
• Urmila M. G

Counsels for Respondents

• Smt. Sreeja V., Public Prosecutor
• K. S. Sreerekha
• T. R. Hari Krishnan

Case Synopsis & Summary

This is a consolidated Kerala High Court exercise under Section 482 Cr.P.C to quash proceedings in Crime No. 3580/2023 of Ernakulam Central Police Station, arising from alleged criminal breach of trust and cheating by a chit company. The petitioners—Babu K M (2nd accused), Jancy (3rd accused), and All For Chits Pvt Ltd represented by MD Kalathiparambil Michael Babu—seek quashing of proceedings in three CrL.MCs (1717/2024, 2192/2024, 3080/2024). The offences cited are 403, 406 and 420 r/w 34 IPC. The petition argues that the dispute has been settled amicably with the defacto complainant, and continuing prosecution would serve no public interest. Annexure A3 contains an affidavit from the 2nd respondent confirming settlement, supported by a Public Prosecutor who verifies its genuineness. The Court notes that the matter has been settled and there is no public interest involved; it also cites established precedents that permit amicable settlements to end criminal proceedings where appropriate (Gian Singh v. State of Punjab and Another; Narinder Singh and Others v. State of Punjab and Another; Yogendra Yadav and Others v. State of Jharkhand and Another). After verification, the prosecution’s stance is that the affidavit is genuine and the defacto complainant supports it. Consequently, the proceedings are quashed and the Crl.MCs are allowed, with annexures and bail orders on record as reference.

Provisions of Law Cited

Section 482 Cr.P.C.Sections 403, 406 and 420 r/w Section 34 IPC

Legal Doctrines & Maxims

Amicable settlement in criminal matters can justify quashing under Section 482 Cr.P.C., as recognized in Gian Singh v. State of Punjab and Another; Narinder Singh and Others v. State of Punjab and Another; Yogendra Yadav and Others v. State of Jharkhand and Another

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contended that the dispute has been settled amicably with the defacto complainant, and continuing proceedings would serve no purpose. They relied on the corroborated affidavit (Annexure A3) and the verified stance of the defacto complainant and urged quashing under Section 482 Cr.P.C.

Contentions of Respondents

The State, through the Public Prosecutor, confirmed verification and authenticity of the affidavit and noted the defacto complainant’s support for the settlement; the rescinding of proceedings was urged in light of the settlement and the absence of public interest in continuing the case.

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
Gian Singh v. State of Punjab and Another	(2012) 10 SCC 303	Positive	Cited to support the principle that amicable settlements can justify quashing criminal proceedings under 482 Cr.P.C.
Narinder Singh and Others v. State of Punjab and Another	(2014) 6 SCC 466	Positive	Reiterates Gian Singh principle on amicable settlements ending prosecutions.
Yogendra Yadav and Others v. State of Jharkhand and Another	(2014) 9 SCC 653	Positive	Affirms the same amicable settlement doctrine in quashing criminal proceedings.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 5[TH] DAY OF APRIL 2024 / 16TH CHAITHRA, 1946** **CRL.MC NO. 1717 OF 2024** **CRIME NO.3580/2023 OF Ernakulam Central Police Station, Ernakulam** ## **PETITIONER/ 2ND ACCUSED :** **BABU K M AGED 56 YEARS S/O MICHAEL, KALATHIPARAMBIL, SWAMIKALAM, CHERANALLOOR, CHITTOOR - ERNAKULAM, PIN – 682 027** **BY ADV E.A.BIJUMON** ## **RESPONDENT/ COMPLAINANT :** **1 STATE OF KERALA REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031** **2 SOUMINI, AGED 70 YEARS W/O SURENDRAN KORANGATHUPADAM, GANDHI SQUARE, PETTA P.O, POONITHURA, ERNAKULAM, KERALA, PIN – 682 038** **BY ADV K.S.SREEREKHA** ## **SMT. SREEJA V., PUBLIC PROSECUTOR** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.04.2024, ALONG WITH Crl.MC.2192/2024, 3080/2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.M.C.Nos.1717 of 2024, 2192 of 2024 & 3080 of 2024 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 5[TH] DAY OF APRIL 2024 / 16TH CHAITHRA, 1946 CRL.MC NO. 2192 OF 2024** **CRIME NO.3580/2023 OF Ernakulam Central Police Station,** ## **Ernakulam** **PETITIONER/ ACCUSED NO.3 :** **JANCY AGED 46 YEARS D/O. VARGHEESE, 31/1223, PUTHENVEETTIL HOUSE, S.H.,LANE, VYTTILA, ERNAKULAM, PIN - 682019** **BY ADVS. V.R.GOPU URMILA.M.G** ## **RESPONDENT/ STATE & COMPLAINANT :** **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031** **2 SOUMINI W/O.SURENDRAN, KORANGATHUPADOM, GANDHI SQUARE, PETTA.P.O., POONITHURA, ERNAKULAM, PIN – 682 038** **BY SRI.M.C.ASHI, PUBLIC PROSECUTOR** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON** **05.04.2024, ALONG WITH Crl.MC.1717/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.M.C.Nos.1717 of 2024, 2192 of 2024 & 3080 of 2024 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 5[TH] DAY OF APRIL 2024 / 16TH CHAITHRA, 1946 CRL.MC NO. 3080 OF 2024** **CRIME NO.3580/2023 OF Ernakulam Central Police Station,** ## **Ernakulam** ## **PETITIONER :** **ALL FOR CHITS PVT LTD REPRESENTED BY ITS M D KALATHIPARAMBIL MICHAEL BABU (BABU K M) AGED 56 YEARS, B5 SAYEED COMPLEX, DOOR NO. 409/175, DORALSWAMY IYER ROAD, ERNAKULAM, PIN – 682 027** **BY ADV E.A.BIJUMON** ## **RESPONDENT/ COMPLAINANT :** **1 STATE OF KERALA REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 301** **2 SOUMINI, AGED 70 YEARS W/O SURENDRAN, KORANGATHUPADAM, GANDHI SQUARE, PETTA P.O, POONITHURA, ERNAKULAM CITY, KERALA, PIN – 682 301** **BY ADVS. K.S.SREEREKHA T.R.HARI KRISHNAN(K/314/2016)** **SMT. SREEJA V., PUBLIC PROSECUTOR** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.04.2024, ALONG WITH Crl.MC.1717/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.M.C.Nos.1717 of 2024, 2192 of 2024 & 3080 of 2024 4 **BECHU KURIAN THOMAS, J. ====================== Crl.M.C.Nos.1717 of 2024, 2192 of 2024 & 3080 of 2024 ====================== Dated this the 5[th] day of April, 2024** ## **ORDER** Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them. 2. Petitioner in Crl.M.C.No.1717 of 2024 is the 2[nd] accused and petitioner in Crl.M.C.No.2192 of 2024 is the 3[rd] accused while petitioner in Crl.M.C.No.3080 of 2024 is the first accused in Crime No.3580 of 2023 of Ernakulam Central Police Station alleging offences under Sections 403, 406 and 420 r/w Section 34 of the Indian Penal Code, 1860. The 2[nd] respondent is the defacto complainant. 3. According to the prosecution, the accused, who is conducting a Chitty Company by name 'All For Chit Pvt. Ltd.' committed criminal breach of trust and cheating by collecting amount from the accused and failing to return the money when requested and thereby committed the offences alleged. 4. Heard the learned counsel for the petitioners and the learned counsel for the respondent, apart from the learned Public Prosecutor. 5. The learned counsel for the petitioners submitted that the matter has been settled and hence the proceedings against the petitioners ought to be quashed. It was also submitted that, considering Crl.M.C.Nos.1717 of 2024, 2192 of 2024 & 3080 of 2024 5 the nature of offences alleged, no purpose would be served by continuing the proceedings. 6. In **Gian Singh v. State of Punjab and Another** [(2012) 10 SCC 303], the Apex Court has held that in appropriate cases, the High Court can take note of the amicable resolution of disputes between the victim and the wrongdoer to put an end to the criminal proceedings. This view was reiterated in **Narinder Singh and Others v. State of Punjab and Another** [(2014) 6 SCC 466] and **Yogendra Yadav and Others v. State of Jharkhand and Another** [(2014) 9 SCC 653]. 7. I have perused Annexure A3 affidavit filed by the 2[nd] respondent in Crl.M.C.No.1717 of 2024 which is applicable to the petitioner in Crl.M.C.No.2192 of 2024 and Crl.M.C.No.3080 of 2024 as well. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavit is genuine, and the defacto complainant stands by the contents thereof. I am satisfied that the matter has been settled and no public interest is involved in this case. There is no impediment for granting the prayer for quashing. The continuance of the proceedings will only be an exercise in futility. 8. Accordingly, all proceedings against the petitioners in Crime No.3580 of 2023 of Ernakulam Central Police Station are quashed. These Crl.M.Cs are allowed as above. Sd/- ## **BECHU KURIAN THOMAS, JUDGE** RKM Crl.M.C.Nos.1717 of 2024, 2192 of 2024 & 3080 of 2024 6 ## **APPENDIX OF CRL.MC 1717/2024** ## **PETITIONER'S ANNEXURES :** |**Annexure A1**|**TRUE COPY OF THE FIRST**|**INFORMATION REPORT**| |---|---|---| ||**IN CRIME NO. 3580/2023**|**OF CENTRAL POLICE**| ||**STATION, ERNAKULAM DATED**|**16.11.2023.**| |**Annexure A2**|**TRUE COPY OF THE COMMON**|**ORDER OF THE BAIL**| ||**APPL.NO.10616, 10618 AND 11646 OF 2023**|| ||**DATED 29.01.2024.**|| |**Annexure A3**|**AFFIDAVIT** **GIVEN**|**BY** **THE** **3RD**| ||**RESPONDENT/COMPLAINANT.**|| Crl.M.C.Nos.1717 of 2024, 2192 of 2024 & 3080 of 2024 7 ## **APPENDIX OF CRL.MC 2192/2024** **PETITIONER'S ANNEXURES : Annexure 1 THE TRUE COPY OF THE FIR IN CRIME NO.3580/2023 OF ERNAKULAM CENTRAL POLICE STATION DATED 16.11.2023** Crl.M.C.Nos.1717 of 2024, 2192 of 2024 & 3080 of 2024 8 ## **APPENDIX OF CRL.MC 3080/2024** |**PETITIONER'S **|**ANNEXURES** **:**| |---|---| |**Annexure A1**|**TRUE COPY OF THE FIRST INFORMATION REPORT**| ||**IN CRIME NO: 3580/2023 OF CHIEF JUDICIAL**| ||**MAGISTRATE** **COURT,** **ERNAKULAM** **DATED**| ||**16.11.2023.**| |**Annexure A2**|**TRUE COPY OF THE ORDER IN BAIL APPLICATION**| ||**NO. 10616/2023 DATED 29.01.2024.**| |**Annexure A3**|**TRUE COPY OF THE AFFIDAVIT GIVEN BY THE**| ||**2ND RESPONDENT DATED 29.01.2024.**|