P.V RAJEEV v. State of Kerala & Others

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Ziyad Rahman A.A.
Judgment Date: 2022-10-13
Court Decision / Holding: The Crl.M.C. is allowed; Annexure-A3 final report in Crime No.5 of 2012 and all further proceedings in CC No.336 of 2012 before the Judicial First Class Magistrate, Nedumkandam, are quashed.
Final Disposition: Quashed

Parties to the Case

Appellants / Petitioners

P.V RAJEEV

Respondents

State of Kerala
Station House Officer, Nedumkandam Police Station, Idukki District
Abdul Rahman
Afsal Yoosuf
Mathew
Reji Joseph
Santhosh
Timmichan Abraham
Udayakumar
Abdul Rahman (S/O Ahammed)
Unnikrishnan Nair

Legal Representation & Advocates

Counsels for Petitioners

• V.H. Jasmine
• Jeswin P. Varghese
• Rahmath C.A.
• Thasn mol T.S.

Counsels for Respondents

• C.S. Hrithwik
• Anoop T Alex
• Public Prosecutor (State) - Sri. C.S. Hrithwik

Case Synopsis & Summary

P.V. Rajeev, the second accused, challenges the final report in Crime No. 5 of 2012 and the ongoing proceedings in C.C. No. 336 of 2012 before the Judicial First Class Magistrate, Nedumkandam. The case arises from a scheme by the Camp Ksheerolpadaka Sahakarana Sangam, where the President and Secretary allegedly collected Rs. 20,000 from CWs 1 to 9 with a promise to deposit it in the State Bank of India, but the amount was misappropriated. After investigation, Annexure A3, the final report, was filed and cognizance taken. Several CWs died, and respondents 4 and 6 are their legal heirs. The petitioner contends that the dispute is purely private and has been settled, supported by affidavits from respondents 3 to 11 (Annexures A7–A15) with no objection to quashing. The Station House Officer reportedly verified the settlement’s genuineness. The petitioner invokes the principle in Gian Singh v. State of Punjab and Another (2012) 10 SCC 303 to seek quashing under Section 482 Cr.P.C., arguing that continued prosecution would not serve any fruitful purpose in light of the settlement. The High Court accepts this position and allows the Crl.M.C, quashing the final report and all further proceedings in CC No. 336 of 2012.

Provisions of Law Cited

Section 420 IPCSection 406 IPCSection 408 IPCSection 120B read with Section 34 IPC

Legal Doctrines & Maxims

Gian Singh principle (quashing in private disputes under Section 482 Cr.P.C.)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that the dispute is private and has been settled by affidavits (Annexures A7–A15) sworn by respondents 3–11, with no objection to quashing. They rely on the Supreme Court’s Gian Singh principle to exercise inherent powers under Section 482 Cr.P.C. to quash the proceedings in light of the settlement, arguing that continuing criminal proceedings would not serve any fruitful purpose given the private nature of the dispute.

Contentions of Respondents

The respondents acknowledge the settlement and rely on Gian Singh to argue that quashing is appropriate when there is a private dispute and the parties agree to settle, with the Station House Officer verifying the settlement as genuine. The State’s counsel supports quashing in conformity with the principle that ongoing prosecution may be fruitless in such private disputes.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Gian Singh v. State of Punjab and Another	(2012) 10 SCC 303	Positive	relied upon to justify quashing under Section 482 Cr.P.C. in private-dispute settlements where further prosecution would not serve a fruitful purpose

Extracted Judgment Text

Exact text extracted from official judgment records.

Crl.M.C.No.6423/22 1 # _IN THE HIGH COURT OF KERALA AT ERNAKULAM_ _PRESENT_ _THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 13[TH] DAY OF OCTOBER 2022 / 21ST ASWINA, 1944_ _CRL.MC NO. 6423 OF 2022_ _CRIME NO.5/2012 OF Nedumkandam Police Station, Idukki AGAINST THE ORDER/JUDGMENTCC 336/2012 OF JUDICIAL MAGISTRATE_ _OF FIRST CLASS ,NEDUMKANDOM_ ## _PETITIONER/ACCUSED:_ _P.V RAJEEV, AGED 40 YEARS, S/O.VASUDEVAN NAIR, PUTHIYAVEETTIL, BALAGRAM P.O., OTTAKADA, KARUMAPURAM, LDUKKI DISTRICT, PIN – 685 552._ _BY ADVS. V.H.JASMINE JESWIN P.VARGHESE RAHMATH C.A. THASNIMOL T.S._ ## _RESPONDENTS/STATE, INVESTIGATING OFFICER AND DE FACTO_ ## _COMPLAINANTS:_ _1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031._ - _2 STATION HOUSE OFFICER, OFFICER, NEDUMKANDAM POLICE STATION, IDUKKI DISTRICT, PIN 685 553._ - _3 ABDUL RAHMAN,_ Crl.M.C.No.6423/22 2 _AGED 47 YEARS, S/O.HASSANARU KUNJU, MALIYAKKAL HOUSE, BLOCK NO.1196, THIRD CAMP, KARUNAPURAM, LDUKKI DISTRICT, PIN – 685 552. 4 AFSAL YOOSUF, AGED 29 YEARS, S/O.LATE.YOOSUF, BLOCK NO.1100, THIRD CAMP, KARUNAPURAM, IDUKKI DISTRICT, PIN – 685 552._ _5 MATHEW, S/O.MATHAYI, KOTTARATHIL HOUSE, KARUNAPURAM, IDUKKI DISTRICT, PIN – 685 552._ _6 REJI JOSEPH, S/O.LATE A T JOSEPH, ACHANPARAMBIL HOUSE, KARUNAPURAM, IDUKKI DISTRICT, PIN – 685 552._ _7 SANTHOSH, AGED 52 YEARS, S/O.RAGUNATHAN NAIR, BLOCK NO.1233, UDAYAPURAM THIRD CAMP KARUNAPURAM, IDUKKI DISTRICT, PIN – 685 552. 8 TIMMICHAN ABRAHAM, AGED 52 YEARS, S/O.ABRAHAM, KULATHUMKUZHIYIL HOUSE, UDAYAPURAM THIRD CAMP, KARUNAPURAM, IDUKKI DISTRICT, PIN – 685 552. 9 UDAYAKUMAR, AGED 52 YEARS, S/O.SIVARAMA PILLAI, THIRD CAMP, KARUNAPURAM, IDUKKI DISTRICT-685 552._ Crl.M.C.No.6423/22 3 _10 ABDUL RAHMAN, S/O.AHAMED, LDASSERIYIL HOUSE, UDAYAPURAM THIRD CAMP, KARUNAPURAM, IDUKKI DISTRICT, PIN – 685 552._ _11 UNNIKRISHNAN NAIR, AGED 56 YEARS, S/O.AYAPPAN NAIR, BIOCK NO.942 UDAYAPURAM THIRD CAMP, KARUNAPURAM, IDUKKI DISTRICT, PIN – 685 552. BY ADV.ANOOP T ALEX_ _THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.10.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:_ Crl.M.C.No.6423/22 4 ## **O R D E R** The petitioner is the 2[nd] accused in Crime No.5 of 2012 of Nedumkandam Police Station, which is now pending as C.C.No.336 of 2022 before the Judicial First Class Magistrate Court, Nedumkandam. The aforesaid crime was registered against the petitioner and 1[st] accused, who is no more, for the offences punishable under Sections 420, 406, 408, 120(b) read with Section 34 of IPC. 2. The prosecution case is that, while the accused persons were working as the President and the Secretary of the Camp Ksheerolpadaka Sahakarana Sangam, respectively, collected an amount of Rs.20,000/- (Rupees twenty thousand only) from CWs 1 to 9 by making them believe that they will deposit the same before State Bank of India. But, later, it was found that the said amount was misappropriated without depositing it. AnnexureA1 is the complaint, based on which FIR was registered and Annexure-A2 is the FIR. Police after completing the investigation, submitted Annexure-A3 final report and based on the same, cognizance was taken by the Judicial First Class Magistrate Court, Nedumkandam, Crl.M.C.No.6423/22 5 as C.C.No.336 of 2012. In the meanwhile, CWs 2 and 4 passed away and respondents Nos.4 and 6 are the legal heirs of CWs 2 and 4 respectively. This Crl.M.C. is filed for quashing all further proceedings pursuant to Annexure-A3 final report. 3. Heard Sri.V.H.Jasmine, learned counsel for the petitioner, Sri.C.S.Hrithwik, learned Public Prosecutor for the State and Sri.Anoop T Alex, learned counsel for respondents 3 to 11. 4. Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexures-A7 to A15 affidavits sworn by respondents 3 to 11 are filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, respondents 3 to 11 had specifically acknowledged the aforesaid settlement and also conveyed the noobjection to quash the proceedings against the petitioners herein. The learned counsel appearing for respondents 3 to 11 also confirms the same. The learned Public Prosecutor, upon instructions, submitted that the Station House Officer concerned has verified the veracity of the same and found it to be genuine. Crl.M.C.No.6423/22 6 5. The allegations would reveal that the dispute is purely private in nature. In such circumstances, by applying the principles laid down by the Honourable Supreme Court in **Gian** **Singh v. State of Punjab and Another [(2012) 10 SCC 303]** , proceedings can be quashed by invoking the powers of this Court under Section 482 Cr.P.C. This is particularly because, on account of the settlement, no fruitful purpose would be served by allowing the prosecution to continue. In the result, this Crl.M.C is allowed and Annexure-A3 final report in Crime No.5 of 2012 of Nedumkandam Police Station and all further proceedings in C.C.No.336 of 2012 pending before the Judicial First Class Magistrate Court, Nedumkandam against the petitioner are hereby quashed. Sd/- ## **ZIYAD RAHMAN A.A. JUDGE** DG/15.10.22 Crl.M.C.No.6423/22 7 ## _APPENDIX OF CRL.MC 6423/2022_ _PETITIONER ANNEXURES_ - _Annexure A1_ - _TRUE COPY OF THE CMP NO.10817/2011 DATED 22.12.2011 FILED BY RESPONDENT NO. 3 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT NEDUMKANDAM IN LDUKKI DISTRICT_ - _Annexure A2 TRUE COPY OF THE F.I.R.IN CRIME NO.5/2012 OF NEDUMKANDAM POLICE STATION, LDUKKI DISTRICT_ - _Annexure A3 CERTIFIED COPY OF THE FINAL REPORT DATED 29.10.2012 IN C. C NO. 336/2012 ON THE FILE JUDICIAL FIRST CLASS MAGISTRATE COURT, NEDUMKANDAM IN LDUKKI DISTRICT_ - _Annexure A4 TRUE COPY OF THE DEATH CERTIFICATE NO.D0010585/202112208 DATED 20.12.2021 WITH REGISTRATION NO.138/2021 ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS PAMPADUMPARA GRAMA PANCHAYAT_ - _Annexure A5 TRUE COPY OF THE DEATH CERTIFICATE NO. D0020585/1905171 DATED 30.12.2019 WITH REGISTRATION NO.54/2019 ISSUED BY THE LOCAL REGISTRAR OF BIRTHS AND DEATHS PAMPADUMPARA GRAMA PANCHAYAT_ - _Annexure A6 TRUE COPY OF THE DEATH CERTIFICATE NO. D0020585/1903051 DATED 26.08.2022 WITH REGISTRATION NO.29/2019 ISSUED BY THE LOCAL REGISTRAR OF BIRTHS AND DEATHS PAMPADUMPARA GRAMA PANCHAYAT_ - _Annexure A7 THE ORIGINAL AFFIDAVIT SIGNED BY THE 3RD RESPONDENT DATED 12.09.2022_ Crl.M.C.No.6423/22 8 _Annexure A8 THE ORIGINAL AFFIDAVIT SIGNED BY THE 4TH RESPONDENT DATED ON 12.09.2022_ - _Annexure A9 THE ORIGINAL AFFIDAVIT SIGNED BY THE 5TH RESPONDENT DATED ON 12.09.2022_ - _Annexure A10 THE ORIGINAL AFFIDAVIT SIGNED BY THE 6TH RESPONDENT DATE ON 12.09.2022_ - _Annexure A11 THE ORIGINAL AFFIDAVIT SIGNED BY THE 7TH RESPONDENT DATE ON 12.09.2022_ - _Annexure A12 THE ORIGINAL AFFIDAVIT SIGNED BY THE 8TH RESPONDENT DATE ON 12.09.2022_ - _Annexure A13 THE ORIGINAL AFFIDAVIT SIGNED BY THE 9TH RESPONDENT DATE ON 12.09.2022_ _Annexure A14 THE ORIGINAL AFFIDAVIT SIGNED BY THE 10TH RESPONDENT DATE ON 12.09.2022_ _Annexure A15 THE ORIGINAL AFFIDAVIT SIGNED BY THE 11TH RESPONDENT DATE ON 12.09.2022_