High Court of KeralaSingle Judge2024-04-05Quashed

CRL.MC Nos.1769/2024, 2194/2024 & 3076/2024 – In the High Court of Kerala at Ernakulam

Case / Petition Number:CRL.MC Nos.1769/2024, 2194/2024, 3076/2024

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Bechu Kurian Thomas
Judgment Date: 2024-04-05
Court Decision / Holding: All proceedings in Crime No.3581/2023 against the petitioners are quashed. Crl.M.C Nos.1769/2024, 2194/2024, 3076/2024 and connected cases are allowed as prayed.
Final Disposition: Quashed

Parties to the Case

Appellants / Petitioners

Babu K M
Jancy
All For Chits Pvt Ltd

Respondents

State of Kerala represented by Public Prosecutor
USHA PONNAN

Legal Representation & Advocates

Counsels for Petitioners

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

Counsels for Respondents

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

Case Synopsis & Summary

These Criminal Miscellaneous Cases arise from Crime No. 3581/2023, registered at Ernakulam Central Police Station, concerning a chit fund business operated by All For Chits Pvt Ltd. The petitioners—2nd accused Babu K M (Crl.M.C.1769/2024), 3rd accused Jancy (Crl.M.C.2194/2024), and All For Chits Pvt Ltd represented by its managing director Kalathiparambil Michael Babu (Crl.M.C.3076/2024)—seek to quash the ongoing proceedings under Section 482 Cr.P.C. The alleged offences are under IPC Sections 403, 406 and 420 read with Section 34. The defacto complainant, Usha Ponnan, is the complainant and state respondent. The petitioners contend that the dispute has been amicably settled and continued prosecution would serve no public interest. The Public Prosecutor confirms the affidavit of the 2nd respondent supporting settlement, and the court notes that the matter has indeed been settled with the complainant backing the terms. Citing Gian Singh v. State of Punjab (2012) 10 SCC 303, along with Narinder Singh and Others v. State of Punjab (2014) 6 SCC 466 and Yogendra Yadav and Others v. State of Jharkhand (2014) 9 SCC 653, the court observes that amicable resolutions can justify quashing in appropriate cases. On these findings, the court quashes all proceedings against the petitioners, holding no public interest remains and the petitions are allowed. The orders dispose of Crl.M.C Nos.1769/2024, 2194/2024 and 3076/2024 and related petitions.

Provisions of Law Cited

Cr.P.C. Section 482IPC Sections 403, 406, 420 read with Section 34

Legal Doctrines & Maxims

Amicable resolution/settlement in criminal matters can justify quashing under CrPC 482.
Principle established in Gian Singh v. State of Punjab (2012) 10 SCC 303 that High Courts can take note of amicable settlements to end criminal proceedings.
Narinder Singh and Others v. State of Punjab (2014) 6 SCC 466 and Yogendra Yadav and Others v. State of Jharkhand (2014) 9 SCC 653 reaffirm the above approach.

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants submitted that the dispute has been amicably settled and continuing with the criminal proceedings serves no public interest. They urged quashing under Cr.P.C. Section 482, citing Gian Singh and subsequent cases to underline that a settlement can terminate proceedings where no public interest is at stake.

Contentions of Respondents

The respondents, via the Public Prosecutor, supported the application by confirming the authenticity of the despondent affidavit and noting the settlement; they argued there is no public interest in continuing prosecution, and the defacto complainant stands by the terms of the settlement.

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
Gian Singh v. State of Punjab and Another	(2012) 10 SCC 303	Positive	Cited as controlling precedent that amicable settlements can justify quashing criminal proceedings under CrPC 482 in appropriate cases.
Narinder Singh and Others v. State of Punjab and Another	(2014) 6 SCC 466	Positive	Affirms the Gian Singh principle and supports quashing where settlement exists.
Yogendra Yadav and Others v. State of Jharkhand and Another	(2014) 9 SCC 653	Positive	Reiterates that amicable settlements can justify quashing in suitable scenarios.

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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 BECHU KURIAN THOMAS** **FRIDAY, THE 5[TH] DAY OF APRIL 2024 / 16TH CHAITHRA, 1946** ## **CRL.MC NO. 1769 OF 2024** **CRIME NO.3581/2023 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 - 682031 2 USHA PONNAN AGED 57 YEARS W/O PONNAN, NEELANGATTU THUNDI, KANIYAMPUZHA, VYTILA ERNAKULAM, PIN - 682019** **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.2194/2024, 3076/2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Crl.MC Nos.1769/2024, 2194/2024, 3076/2024** 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. 2194 OF 2024** **CRIME NO.3581/2023 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 – 682 019** **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 USHA PONNAN W/O.PONNAN, NEELANGATTUTHUNDI, KANIYAMPUZHA, VYTTILA, ERNAKULAM, PIN – 682 019 BY SRI.NOUSHAD K.A., PUBLIC PROSECUTOR** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.04.2024, ALONG WITH Crl.MC.1769/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** ## **Crl.MC Nos.1769/2024, 2194/2024, 3076/2024** ## 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. 3076 OF 2024** **CRIME NO.3581/2023 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 PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682301 2 USHA PONNAN AGED 57 YEARS W/O PONNAN, NEELANGATTU THUNDI, KANIYAMPUZHA, VYTILA ERNAKULAM, PIN – 682 019** **BY ADVS. K.S.SREEREKHA T.R.HARI KRISHNAN(K/314/2016)** **SRI. NOUSHAD K. A., PUBLIC PROSECUTOR** **Crl.MC Nos.1769/2024, 2194/2024, 3076/2024** 4 **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.04.2024, ALONG WITH Crl.MC.1769/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Crl.MC Nos.1769/2024, 2194/2024, 3076/2024** 5 **BECHU KURIAN THOMAS, J. ====================== Crl.M.C.Nos.1769 of 2024, 2194 of 2024 & 3076 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.1769 of 2024 is the 2[nd] accused and petitioner in Crl.M.C.No.2194 of 2024 is the 3[rd] accused while petitioner in Crl.M.C.No.3076 of 2024 is the first accused in Crime No.3581 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. **Crl.MC Nos.1769/2024, 2194/2024, 3076/2024** 6 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 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.1769 of 2024 which is applicable to the petitioner in Crl.M.C.No.2194 of 2024 and Crl.M.C.No.3076 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 **Crl.MC Nos.1769/2024, 2194/2024, 3076/2024** 7 No.3581 of 2023 of Ernakulam Central Police Station are quashed. These Crl.M.Cs are allowed as above. Sd/- **BECHU KURIAN THOMAS, JUDGE** RKM **Crl.MC Nos.1769/2024, 2194/2024, 3076/2024** 8 ## **APPENDIX OF CRL.MC 1769/2024** ## **PETITIONER'S ANNEXURES :** **Annexure A1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 3581/2023 OF CENTRAL POLICE STATION, ERNAKULAM DATED 16.11.2023.** |**Annexure A2**|**TRUE COPY OF THE COMMON**|**TRUE COPY OF THE COMMON**|**ORDER IN BAIL**| |---|---|---|---| ||**APPL. NOS.10616, 10618**|**AND**|**11646 OF 2023**| ||**DATED 29.01.2024.**||| |**Annexure A3**|**AFFIDAVIT**<br>**GIVEN**|**BY**|**THE**<br>**2ND**| ||**RESPONDENT/COMPLAINANT.**||| **Crl.MC Nos.1769/2024, 2194/2024, 3076/2024** 9 ## **APPENDIX OF CRL.MC 2194/2024** **PETITIONER'S ANNEXURES :** **Annexure 1** **THE TRUE COPY OF THE FIR IN CRIME NO.3581/2023 OF ERNAKULAM CENTRAL POLICE STATION DATED 16.11.2023** **Crl.MC Nos.1769/2024, 2194/2024, 3076/2024** 10 ## **APPENDIX OF CRL.MC 3076/2024** **PETITIONER'S ANNEXURES :** |**Annexure A1**|**TRUE COPY OF THE FIRST INFORMATION REPORT**| |---|---| ||**IN CRIME NO: 3581/2023 OF ERNAKULAM**| ||**CENTRAL POLICE STATION, DATED 16.11.2023.**| |**Annexure A2**|**TRUE COPY OF THE ORDER IN BAIL APPLICATION**| ||**NO. 10618/2023 DATED 29.01.2024.**| |**Annexure A3**|**TRUE COPY OF THE AFOREMENTIONED AFFIDAVIT**| ||**GIVEN BY THE 2ND RESPONDENT DATED**| ||**29.01.2024.**|