High Court of KeralaSingle JudgePetition allowed; criminal proceedings quashed.

Crl.M.C. No. 5545 of 2016

Case / Petition Number:Crl.M.C. No. 5545 of 2016

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Raja Vijayaraghavan V.
Judgment Date
2016-09-28
Court Decision / Holding
The High Court held that, given the absolution by the respondents and the lack of subsisting grievance, and in view of the compromise, it was justifiable to exercise the court’s inherent powers under Section 482 CrPC to quash the proceedings. The petition was allowed, and the criminal proceedings in C.C.No.1096 of 2015 were quashed.
Final Disposition
Petition allowed; criminal proceedings quashed.

Parties to the Case

Appellants / Petitioners

  • Anil T.
  • Rajesh K.V.
  • Janardhanan V.V.

Respondents

  • The State of Kerala represented by the Sub Inspector of Police, Ernakulam Town North Police Station
  • Sebastian
  • Lissy Sebastian
  • Vijay Sebastian

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri. E. Vijin Karthik

Counsels for Respondents

  • • Public Prosecutor Sri. Amjad Ali
  • • Sri. P.V. Jeevesh

Case Synopsis & Summary

This High Court of Kerala, Ernakulam, hears a criminal miscellaneous case under Section 482 CrPC challenging the continuation of C.C. No.1096 of 2015, arising from FIR No.593/2010 of Ernakulam Town North Police Station. The petitioners, accused 2–4 (Anil T., Rajesh K.V., and Janardhanan V.V.), contend that the de facto complainant’s complaint was a private dispute, and that the private respondents have entered into a compromise, as reflected in affidavits (A3–A5), absolving the petitioners. They argue that the principal actor was the 1st accused who advanced money and obtained blank documents and stamps; upon compromise, there is no subsisting grievance, and continuing the proceedings would amount to abuse of process and an unnecessary strain on judicial resources. The State, represented by the Public Prosecutor, submits that there is no recorded subsisting grievance and that the case should proceed. While the respondents’ counsel asserts absolution through affidavits, the court evaluates the futility of continued prosecution in light of the compromise. Relying on the inherent powers under Section 482 CrPC and citing Shiji @ Pappu, Gian Singh, and Narinder Singh, the court quashes the proceedings. The order, dated 28 September 2016, allows the petition and terminates the criminal action against the petitioners.

Provisions of Law Cited

Section 482 of the Code of Criminal Procedure (CrPC)Sections 420 and 506(i) read with Section 34 of the Indian Penal Code (IPC)Sections 13 and 17 of the Kerala Money Lenders Act

Legal Doctrines & Maxims

  • Inherent powers of the High Court under Section 482 CrPC to quash criminal proceedings
  • Ends of justice
  • Abuse of process of the court

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argued that the case is essentially a private financial dispute; the de facto complainant and others have entered into a compromise as reflected in affidavits A3–A5, absolving the petitioners. They contend that the first accused was the principal actor who advanced money and obtained blank papers, cheques and revenue stamps; after compromise, there is no subsisting grievance, and continuing the proceedings would amount to abuse of process and would fail to secure the ends of justice. They seek quashing under the court’s inherent powers to prevent abuse and futility of further prosecution, invoking decisions like Shiji @ Pappu and Others, Gian Singh, Narinder Singh.

Contentions of Respondents

The State, through the Public Prosecutor, submits that there is no reported subsisting grievance and that the case may proceed; the R2–R4 respondents’ counsel argues that the affidavits A3–A5 reflect absolution, and there is no ongoing grievance. The respondents emphasize that the dispute involves a financial transaction with the first accused as principal actor, and that the continuation of proceedings may be unnecessary if compromise stands.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Shiji @ Pappu and Others v. Radhika and Another2011(10) SCC 705PositiveCited as authority supporting the exercise of inherent powers to prevent abuse of process and secure ends of justice.
Gian Singh v. State of Punjab and Another2012(10) SCC 303PositiveCited to reinforce the principle of using inherent powers to prevent futility and abuse of process.
Narinder Singh v. State of Punjab2014(6) SCC 466PositiveCited as authority approving intervention to secure ends of justice via quashing when appropriate.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** **WEDNESDAY, THE 28TH DAY OF SEPTEMBER 2016/6TH ASWINA, 1938** **Crl.MC.No. 5545 of 2016 () ---------------------------** ## **CC 1096/2015 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM.** **CRIME NO.593/2010 OF ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM.** **.........** ## **PETITIONERS 1 TO 3/ACCUSED 2 TO 4:** **----------------------------------** **1. ANIL T., AGED 45 YEARS, S/O.THOMAS, PUZHAMADATHIL HOUSE, MANNUMTHURUTHU, VARAPUZHA P.O., NORTH PARVUR, ERNAKULAM DISTRICT.** **2. RAJESH K.V., AGED 44 YEARS, S/O.VELAYUDHAN, KANJRAPARAMBIL HOUSE, KAZHIMBRAM P.O., EDAMUTTAM, THRISSUR DISTRICT-680586.** **3. JANARDHANAN V.V., AGED 62 YEARS, S/O.VELAPPAN, VAZHAPULLY HOUSE, KAZHIMBRAM P.O., EDAMUTTAM, THRISSUR DISTRICT-680586.** ## **BY ADV. SRI.E.VIJIN KARTHIK** ## **RESPONDENT(S)/RESPONDENTS/STATE OF KERALA AND DEFACTO COMPLAINANT:** **------------------------------------------** **1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.** **--2--** **--2--** ## **Crl.MC.No. 5545 of 2016 ()** **--------------------------** **2. SEBASTIAN, AGED 58 YEARS, S/O.GEORGE, ARAKKAL HOUSE, PET BHAVAN, BANK ROAD, KALOOR, KOCHI-682017.** **3. LISSY SEBASTIAN, AGED 55 YEARS, S/O.SEBASTIAN, ARAKKAL HOUSE, PET BHAVAN, BANK ROAD, KALOOR, KOCHI-682017.** **4. VIJAY SEBASTIAN, AGED 28 YEARS, S/O.GEORGE, ARAKKAL HOUSE, PET BHAVAN, BANK ROAD, KALOOR, KOCHI-682017.** **R1 BY PUBLIC PROSECUTOR SRI.AMJAD ALI R2 TO R4 BY ADV. SRI.P.V.JEEVESH** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **mbr/** ## **Crl.MC.No. 5545 of 2016 () ---------------------------** ## **APPENDIX** |**PETITIONER(S)' ANNEXURES:**| |---| |**-----------------------**| |**ANNEXURE A1 : CERTIFIED COPY OF THE SAID FIS GIVEN BY THE**| |**DEFACTO COMPLAINANT ALONG WITH THE FIR LODGED BY**| |**THE ERNAKULAM TOWN POLICE DATED 25-03-2010.**| |**ANNEXURE A2 : CERTIFIED COPY OF THE FINAL REPORT**| |**DATED 16-12-15.**| |**ANNEXURE A3 : THE AFFIDAVIT SWORN BY THE DEFACTO**| |**COMPLAINANT/2ND RESPONDENT DATED 26-07-2016.**| |**ANNEXURE A4 : THE AFFIDAVIT SWORN BY THE CW-2/3RD RESPONDENT**| |**DATED 26-07-2016.**| |**ANNEXURE A5 : THE AFFIDAVIT SWORN BY THE CW-3/4TH RESPONDENT**| |**DATED 26-07-2016.**| |**RESPONDENT(S)' ANNEXURES:**<br>**NIL**| |**------------------------**| |**//TRUE COPY//**| **P.S. TO JUDGE** **mbr/** ## **RAJA VIJAYARAGHAVAN, V., J.** ------------------------------------------ ## **Crl.M.C. No. 5545 of 2016** -----------------------------------------Dated this the 28[th] day of September, 2016 ## **O R D E R ~~~~~~~~** - 1.This petition is filed under Section 482 of the Code of Criminal Procedure. - 2.The petitioners herein are the accused Nos. 2 to 4 in C.C.No.1096 of 2015 on the file of the Additional Chief Judicial Magistrate Court, Ernakulam. The aforesaid case has arisen from a complaint lodged by the 2[nd] respondent herein alleging offences under Sections 420 and 506(i) read with Section 34 of the IPC and under Sections 13 and 17 of the Kerala Money Lenders Act. - 3.The prosecution allegation is that the de facto complainant is running a gold covering business in the name and style as “Ragam Gold Covering” at Kaloor, Ernakulam. He used to borrow money from the 1[st] accused on the strength of blank Crl.M.C. No.5545 of 2016 **-2-** papers, cheques and revenue stamps executed by the de facto complainant, his wife and son, who are the respondents 2 to 4 herein. On his failure to repay the amount to the 1[st] accused, the petitioners 2 to 4 for and on his behalf are alleged to have harassed and intimidated them. It is on the basis of the above allegations that Annexure-A1 FIR was registered. It appears that after investigation, final report was laid before the jurisdictional court and the case is now pending as C.C.No.1096 of 2015 on the file of the Additional Chief Judicial Magistrate Court, Ernakulam. - 4.The learned counsel appearing for the respondents 2 to 4 submits that they have no subsisting grievance against the petitioners herein. The said counsel refers to Annexures-A3, A4 and A5 affidavits sworn to by the party respondents to contend that the victims have completely absolved the petitioners. - 5.The learned counsel appearing for the petitioner submits that the allegations are all centered against the 1[st] accused who has advanced the money to the 2[nd] respondent herein. The Crl.M.C. No.5545 of 2016 **-3-** learned counsel further submits that in view of the compromise arrived at between the petitioners and the private respondents, the inherent power can be exercised by this Court and the entire proceedings are liable to be quashed. Reference is made to the judgment of the Apex Court in **Shiji @ Pappu and Others v. Radhika and Another** [2011(10) SCC 705], **Gian Singh v. State of Punjab and Another** [2012(10) SCC 303] and **Narinder Singh v. State of Punjab** [2014(6) SCC 466] to contend that this Court will be justified in exercising inherent powers in a case of this nature to prevent abuse of the process of the court or to otherwise secure the ends of justice. - 6.The learned Public Prosecutor on instructions submits that it is not reported that the petitioners are involved in other cases. - 7.After anxiously considering the allegations it appears that the party respondents have completely absolved the petitioners and even if the criminal proceedings are taken to its logical conclusions it would be nothing but an exercise in futility. Further more, it is not reported that the petitioners are Crl.M.C. No.5545 of 2016 **-4-** involved in any other criminal proceedings. In the above view of the matter, I am of the view that the inherent powers of this Court can be execrised for quashing the impugned criminal proceedings. In the result, this petition will stand allowed. The criminal proceedings pending against the petitioners on the file of the Additional Chief Judicial Magistrate Court, Ernakulam as C.C.No.1096 of 2015 are quashed. **Sd/-** **RAJA VIJAYARAGHAVAN, V. JUDGE** Ps/28/9/16 Crl.M.C. No.5545 of 2016 **-5-**