CRL.M.C. Nos. 6595, 6596 & 6670 of 2019 (J.K. Marattukulam @ Joseph Roy v State of Kerala and Others; M.K. Marattukalam @ Matthew v State of Kerala and Others; Prof. Joseph Panjikkaran & Leela Joseph v State of Kerala and Others)

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE K. BABU ``` ``` MONDAY, THE 6[TH] DAY OF FEBRUARY 2023 / 17TH MAGHA, 1944 ``` ``` CRL.MC NO. 6595 OF 2019 ``` ## **`AGAINST THE ORDER/JUDGMENTCC 2037/2018 OF JMFC - VIII,`** ## **`ERNAKULAM (TEMPORARY)`** ## **`PETITIONER/S:`** ``` J.K.MARATTUKULAM @ JOSEPH ROY AGED 65 YEARS S/O.KUNCHIERIYA MARATUKULAM, RUBY ESTATE, MAMPAD.P.O., MALAPPURAM DISTRICT. BY ADVS. K.M.SATHYANATHA MENON SMT.KAVERY S THAMPI SRI.P.ARUN KUMAR (MONCOMPU) SHRI.GANESAN M. SRI.M.S.SARUN ``` ## **`RESPONDENT/S:`** - `1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.` - `2 KUNJUKUNJAMMA, AGED 74 YEARS, W/O.JOSEPH THARAKAN, CHIRAMEL HOUSE, PUTHENPALLI, VARAPPUZHA, ERNAKULAM DISTRICT, PIN-683517.` ``` 3JOSEPH THARAKAN, AGED 79 YEARS, S/O.THARAKAN, CHIRAMEL HOUSE, PUTHENPALLI, VARAPPUZHA, ERNAKULAM DISTRICT, PIN-683517. ``` ``` BY ADV SRI.R.PUSHPANGATHAN PILLAI ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.02.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` Crl.M.C.No.6595, 6596 & 6670 of 2019 2 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE K. BABU ``` ``` MONDAY, THE 6[TH] DAY OF FEBRUARY 2023 / 17TH MAGHA, 1944 CRL.MC NO. 6596 OF 2019 ``` ``` AGAINST THE ORDER/JUDGMENTCC 2037/2018 OF JMFC - VIII, ``` ## **`ERNAKULAM (TEMPORARY)`** ## **`PETITIONER/S:`** ``` M.K.MARATTUKALAM @ MATTHEW, AGED 68 YEARS MANAGING DIRECTOR, MARATT LTD., BANNERGHATTA ROAD, BANGALORE - 560 076. ``` ``` BY ADV M.KRISHNAKUMAR ``` ## **`RESPONDENT/S:`** - `1 KUNJUKUNJAMMA, AGED 70 YEARS W/O.JOSEPH THARAKAN, CHIRAMEL HOUSE, PUTHENPALLI, VARAPPUZHA - 683517, ERNAKULAM DISTRICT.` - `2 JOSEPH THARAKAN, AGED 75 YEARS, S/O.THARAKAN, CHIRAMEL HOUSE, PUTHENPALLI, VARAPPUZHA - 683 517, ERNAKULAM DISTRICT.` - `3 THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADV SRI.R.PUSHPANGATHAN PILLAI` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.02.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` Crl.M.C.No.6595, 6596 & 6670 of 2019 3 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ## **`THE HONOURABLE MR.JUSTICE K. BABU`** ``` MONDAY, THE 6[TH] DAY OF FEBRUARY 2023 / 17TH MAGHA, 1944 CRL.MC NO. 6670 OF 2019 ``` ## **`AGAINST THE ORDER/JUDGMENTCC 2037/2018 OF JMFC - VIII, ERNAKULAM (TEMPORARY)`** ## **`PETITIONER/S:`** ``` 1PROF.JOSEPH PANJIKKARAN AGED 77 YEARS PANJIKKARAN HOUSE, NIRMALA COLLEGE ROAD, MUVATTUPUZHA, ERNAKULAM DISTRICT 2LEELA JOSEPH AGED 67 YEARS W/O.JOSEPH PANJIKKARAN, PANJIKKARAN HOUSE, NIRMALA COLLEGE ROAD, MUVATTUPUZHA, ERNAKULAM DISTRICT BY ADVS. K.M.SATHYANATHA MENON KAVERY S THAMPI P.ARUN KUMAR (MONCOMPU) GANESAN M. SRI.M.S.SARUN ``` ## **`RESPONDENT/S:`** - `1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCH-682031` - `2 KUNJUKUNJAMMA AGED 75 YEARS W/O.JOSEPH THARAKAN, CHIRAMEL HOUSE, PUTHENPALLI, VARAPPUZHA, ERNAKULAM DISTRICT, PIN 683517` - `3 JOSEPH THARAKAN AGED 80 YEARS S/O.THARAKAN, CHIRAMEL HOUSE, PUTHENPALLI, VARAPPUZHA, ERNAKULAM PIN-683517` ``` BY ADV SRI.R.PUSHPANGATHAN PILLAI ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.02.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` Crl.M.C.No.6595, 6596 & 6670 of 2019 4 ## **K.BABU, J** . -------------------------------------- ## Crl.M.C.No 6595, 6596 & 6670 of 2019 --------------------------------------Dated this the 6[th ] day of February, 2023 ## **O R D E R** Petitioners are accused in C.C. No. 2037/2018 on the file of Judicial First Class Magistrate Court-VII, Ernakulam. Petitioners seek to quash all further proceedings in the above referred calender case. 2. Responendent Nos.2 and 3 in Crl M.C. Nos. 6595 and 6670 of 2019 filed a private complaint against the petitioners and the other accused alleging offences punishable under Sections 341, 342 406 420, 465, 468 and 506 read with section 120 B and Section 34 of the Indian Penal Code. The police conducted investigation in the matter and submitted final report before the jurisdictional Magistrate on the ground that the dispute relates to civil nature. Respondent No.3 challenged the findings of the investigating agency and filed a complaint before the Court. The Court conducted enquiry and took cognizance of the offences mentioned above and proceeded against the petitioners. Crl.M.C.No.6595, 6596 & 6670 of 2019 5 3. During the course of proceedings the parties arrived at a settlement. Respondent No.3 died during the course of proceedings. The surviving victim in the proceedings is respondent No. 2. Respondent No.2 appeared through a counsel and filed an affidavit dated 02.02.2023 stating that she has settled the entire dispute. 4. Heard the learned counsel for the petitioners, the learned counsel for the respondents and the learned Public Prosecutor. 5. I have perused the averments in the petitions and the affidavit sworn to by respondent No.2. 6. The learned Public Prosecutor, on instructions, submitted that prosecution has no objection in getting the proceedings quashed as the parties have arrived at a settlement and further fact that the matter relates to civil nature. 7. The materials placed before this Court show that the entire dispute between the parties has been amicably settled and respondent No.2/ the surviving victim has decided not to proceed further. The settlement between the parties is found to be voluntary and fair. The settlement or the compromise satisfies the conscience of the Court. Crl.M.C.No.6595, 6596 & 6670 of 2019 6 8. In **Gian Singh** v. **State of Punjab [2012 (4) KLT 108 (SC)]** , **Narinder Singh and others v. State of Punjab and Others [(2014) 6 SCC 466]** and **State of Madhya Pradesh v. Lakshmi Narayan and Others [(2019) 5 SCC 688]** the Apex Court held that the High Court, invoking Section 482 of Cr.P.C., can quash criminal proceedings in relation to noncompoundable offences, where the parties have settled the matter between themselves notwithstanding the bar under Section 320 of Cr.P.C., if it is warranted in the given facts and circumstances of the case, to ensure ends of justice or to prevent abuse of the process of any Court. 9. In the instant case, the dispute is purely personal in nature. There is nothing to show that public interest will be compromised by quashing the proceedings. The offences in question do not fall within the category of serious offences or heinous offences. 10. The offences in the present case do not fall within the category of offences prohibited for granting permission to compromise in terms of the pronouncement of the Apex Court in **Gian Singh** (supra), **Narinder Singh** (supra) and **Lakshmi Narayan** (supra). Crl.M.C.No.6595, 6596 & 6670 of 2019 7 11. This Court is of the view that no purpose will be served in proceeding with the matter further. Resultantly, these Crl.M.Cs are allowed. All further proceedings in C.C. No. 2037/2018 on the file of the Judicial First Class Magistrate Court-VII, Ernakulam stand hereby quashed Sd/- **K.BABU, JUDGE** SM Crl.M.C.No.6595, 6596 & 6670 of 2019 8 ## **`APPENDIX OF CRL.MC 6595/2019`** ``` PETITIONER ANNEXURES ANNEXURE ACERTIFIED COPY OF THE PROTEST COMPLAINT FILED BY RESPONDENTS 2 AND 3 BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT-VIII, ERNAKULAM DATED 14.9.2015. ANNEXURE BTRUE COPY OF THE JUDGMENT DATED 18.3.2014 IN R.F.A.NO.411 OF 2003 OF THIS HONOURABLE COURT. ANNEXURE CTRUE COPY OF THE SETTLEMENT DEED NO.3484/I/2013 OF THE SUB REGISTRAR OFFICE, NILAMBUR DATED 27.6.2013. ANNEXURE DTRUE COPY OF THE JUDGMENT IN R.F.A.NO.605 OF 2007 DATED 26.11.2013 OF THIS HONOURABLE COURT. RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE ``` Crl.M.C.No.6595, 6596 & 6670 of 2019 9 ## **`APPENDIX OF CRL.MC 6596/2019`** |`PETITIONER`|`ANNEXURES`| |---|---| |`ANNEXURE A`|`TRUE COPY OF THE JUDGMENT DATED`| ||`26/11/2013 IN RFA 605/2007 ON THE FILE`| ||`OF THE HIGH COURT OF KERALA.`| |`ANNEXURE B`|`TRUE COPY OF THE POWER OF ATTORNEY`| ||`DATED 19/05/2013 EXECUTED BY THE`| ||`COMPLAINANT.`| |`ANNEXURE C`|`TRUE COPY OF THE REGISTERED DOCUMENT`| ||`NO.3488/2013 SRO NILAMBUR DATED`| ||`27/06/2013.`| |`ANNEXURE D`|`TRUE COPY OF THE REGISTERED DOCUMENT`| ||`NO.3489/2013 SRO NILAMBUR 27/06/2013.`| |`ANNEXURE E`|`TRUE COPY OF THE JUDGMENT DATED`| ||`18/03/2014 IN RFA NO.411/2003.`| |`ANNEXURE F`|`CERTIFIED COPY OF THE PROTEST COMPLAINT`| ||`DATED 14/09/2015 FILED BY THE`| ||`COMPLAINANT.`| |`ANNEXURE G`|`TRUE COPY OF THE COMPLAINT DATED`| ||`10/10/2017 FILED BEFORE THE LOK ADALAT,`| ||`ERNAKULAM.`| |`ANNEXURE H`|`TRUE COPY OF THE COMPLAINT DATED`| ||`10/10/2017 FILED BEFORE THE LOK ADALAT,`| ||`ERNAKULAM.`| |`ANNEXURE I`|`TRUE COPY OF THE NOTICE RECEIVED BY THE`| ||`PETITIONER FROM THE LOK ADALAT.`| |`ANNEXURE J`|`TRUE COPY OF THE MINUTES OF THE MEETING`| ||`OF THE BOARD OF DIRECTORS OF THE`| ||`COMPANY HELD ON 21/12/1985.`| Crl.M.C.No.6595, 6596 & 6670 of 2019 10 ## **`APPENDIX OF CRL.MC 6670/2019`** ``` PETITIONER ANNEXURES ``` ``` ANNEXURE ACERTIFIED COPY OF THE PROTEST COMPLAINT FILED BY THE RESPONDENTS 2 AND 3 BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM DATED 14.09.2015 ANNEXURE BTRUE COPY OF THE JUDGMENT DATED 18.03.2014 IN R.F.A.NO.411/2003 OF THIS HONOURABLE COURT ANNEXURE CTRUE COPY OF THE JUDGMENT IN R.F.ANO.605/2007 DATED 26.11.2013 OF THIS HONOURABLE COURT RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE ``` ``` RESPONDENTS EXHIBITS : NIL ```