RMP Infotec Pvt. Ltd. and Others v. State of Kerala and CBCID, EOW-III, Kozhikode and Others

CRL.MC NO. 8137 OF 2023 1 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **WEDNESDAY, THE 15[TH] DAY OF NOVEMBER 2023 / 24TH KARTHIKA, 1945** **CRL.MC NO. 8137 OF 2023** **CRIME NO.03/2023 OF CBCID, WAYANAD, Wayanad** **AGAINST THE ORDER/JUDGMENT CC 141/2023 OF CHIEF JUDICIAL** **MAGISTRATE , KALEPETTA** ## **PETITIONER/S:** - 1 RMP INFOTEC PVT. LTD. COMPANY REPRESENTED BY ITS MANAGING DIRECTOR, DAVAL CHANDAN, APPOLO, DUBAI PLAZA BUILDING, MAHALINGAPURAM ROAD, CHENNAI, PIN - 600034 - 2 DAVAL CHANDRAN AGED 55 YEARS, S/O. JAWAHARMAL CHANDRAN, H.NO. 25, (OLD NO. 12-1), PERUMALMUTHALI STREET, ROYALPETTA, CHENNAI, PIN - 600014 - 3 PRAVEEN KUMAR CHANDAN AGED 48 YEARS, S/O. JAWAHARMAL CHANDAN, H.NO. 25, (OLD NO. 12-1), PERUMALMUTHALI STREET, ROYALPETTA, CHENNAI, PIN - 600014 - 4 DILEEP KUMAR CHANDAN AGED 44 YEARS, S/O. JAWAHARMAL CHANDAN, H.NO. 25, (OLD NO. 12-1), PERUMALMUTHALI STREET, ROYALPETTA, CHENNAI, PIN - 14 - 5 RAJESH KUMAR CHANDAN AGED 41 YEARS, S/O. JAWAHARMAL CHANDAN, H.NO. 25, (OLD NO. 12-1), PERUMALMUTHALI STREET, ROYALPETTA, CHENNAI, PIN - 600014 - 6 T. DAYALAN AGED 42 YEARS, S/O. THUKKURAMAN, PLOT NO. 57-1/KGR NAGAR, KATTUPAKKAM P.O, THIRUVALLUR DISTRICT, CHENNAI, PIN - 600056 - 7 SAJI PARAKKAL AGED 51 YEARS, S/O. P.M. ANTONY, PARAKKAL HOUSE, PATTIKKAD P.O, THRISSUR, PIN - 680652 - 8 V. SREENIVASAN CRL.MC NO. 8137 OF 2023 2 - AGED 59 YEARS, S/O. NANNU NAIR, VALLALUR HOUSE, MULLIYAM, AYYAPPANKAVU P.O., THRISSUR, PIN - 680751 - 9 V.R.SREENIVASAN AGED 58 YEARS, S/O. V.K. RAMADEVAN, PALAPARAMBIL HOUSE, NALAMKALLU, ARIMBUR P.O., THRISSUR, PIN - 680620 - 10 JAMES MATHEW AGED 52 YEARS, S/O. MATHEW, SNEHASANDRAM, KANNORA, PATTIKKAD P.O, THRISSUR, PIN - 680652 - 11 JOSEPH MATHEW AGED 59 YEARS, S/O. MATHEW, ELAVUMTHARAPPIL HOUSE, PEECHI, KANNARA P.O., THRISSUR, PIN - 680652 - 12 RENNY VARGHESE AGED 53 YEARS, S/O. VARGHESE, CHETTIYAMKUDIYIL HOUSE, PEEDIKAPARAMBIL, VADAKKANCHERY, PALAKKAD, PIN - 678683 - 13 ABHILASH THOMAS AGED 43 YEARS, S/O. THOMAS, KANAKKANAD HOUSE, MOOLAMKAVU P.O., SULTHANBATHERY, WAYANAD, PIN - 673592 - 14 NABEEL MOHAMMED AGED 46 YEARS, S/O. P.A. MOHAMMED IBRAHIM, ORCHID MEDOW, D15, KUSUMAGIRI P.O., KAKKANAD, ERNAKULAM, PIN - 682030 - 15 MUBEEL MOHAMMED AGED 43 YEARS, S/O. P.A. MOHAMMED IBRAHIM, ORCHID MEDOW, D15, KUSUMAGIRI P.O., KAKKANAD, ERNAKULAM, PIN - 682030 - 16 C.V. SUNIL KUMAR AGED 64 YEARS, S/O. VELAYUDHEN, CHERAYATH HOUSE, CHETTUPUZHA P.O, THRISSUR, PIN - 680012 - 17 JOSEPH SEBASTIAN AGED 53 YEARS, S/O. SEBASTIAN, PANDARAVALAPPIL HOUSE, CHETTUPUZHA P.O., THRISSUR, PIN - 680012 - 18 STEEPHAN T.V. AGED 63 YEARS, S/O. VAREETH, THALAKKOTTOOR HOUSE, ERANALLOOR P.O., KECHERY, THRISSUR, PIN - 680501 - 19 K.B. SUNILBABU AGED 59 YEARS, S/O. BHASKARAN, KUNNEL HOUSE, KUMBALANGI SOUTH P.O., ERNAKULAM, PIN - 682007 - 20 P. SUNILKUMAR AGED 50 YEARS, S/O. APPU NAIR @ NANU NAIR, POTTUNAD HOUSE, AYYAPPANKAVU, MULAYAM, THRISSUR, PIN - 680654 - 21 V. ANTHONICHAN AGED 66 YEARS, S/O. K.J. VARGHESE, KANNAPUZHA VEEDU, CHETTUPUZHA, POONTHOP, AVALOOKUNNU, AMBALAPUZHA, ALAPPUZHA, PIN - 688006 CRL.MC NO. 8137 OF 2023 3 - 22 MATHEW JOSEPH AGED 61 YEARS, S/O. JOSEPH, PICHATT HOUSE, UNNUKAL, KOTHAMANGALAM, ERNAKULAM, PIN - 686693 - 23 K.J. ANTONY @ ANTONY BAVA AGED 60 YEARS, S/O. K.V. JHONE, KANNAKKANAD HOUSE, KUMBALANGADI P.O.,(KUMBALANGI), ERNAKULAM, PIN - 682007 - 24 SREEJITH NAIR @ SREEJITH P.K. AGED 49 YEARS, S/O. KUNJANANTHAN, PUTHAN VEEDU, KARANI P.O., WAYANAD, PIN - 673591 - 25 ARCHITH REMESH @ ARCHITH AGED 41 YEARS, S/O. RAMESH, NELLURAD HOUSE, PANAMARAM P.O., WAYANAD, PIN - 670721 - 26 SAJEEV KALPETTA @ SAJEEV V.P. AGED 53 YEARS, S/O. VENUGOPAL, VINEETH HOUSE, PINAMKODE ROAD, KALPETTA, WAYANAD, PIN - 673121 - 27 SREEJITH S.R. AGED 43 YEARS, S/O. RAMACHANDRAN, SAKTHEESWARATH HOUSE, KARANI P.O., WAYANAD, PIN - 673591 - 28 ANEESH VARGHESE AGED 45 YEARS, S/O. VARGHESE, THEKKEMATTATHIL VEEDU, CHETTAPPALAM P.O., PULPALLY, WAYANAD, PIN - 673579 - 29 K.J. MATHEW AGED 58 YEARS, S/O. JOSEPH, KUNNUMPURATH HOUSE, CHALICHIRA, ELANJITHANAM P.O., CHANGANACHERRY, KOTTAYAM, PIN - 686508 - 30 ARUN THOMAS AGED 41 YEARS, S/O. THOMAS, KAKKANATTU HOUSE, MOOLAMKAVU P.O., SULTHANBATHERY, WAYANAD, PIN - 673592 - 31 REJI A.L. AGED 57 YEARS, S/O. LONAPPAN, PUTHENPARAMBIL HOUSE, PUTHENKUNNU P.O., BATHERY, WAYANAD, PIN - 673595 - 32 SAJI THOMAS @ SAJI MADAKKARA AGED 59 YEARS, S/O. THOMAS, PANACHUMOOTTIL HOUSE, MADAKIANA, NENMENI, WAYANAD NOW RESIDING AT MAMMUNNIPADY, EANGAPPUZHA, WAYANAD, PIN - 673586 - 33 JINETT JOSEPH AGED 46 YEARS, S/O. JOSEPH, VELUTHEDATHUPARAMBIL HOUSE, NADAVAYAL P.O., WAYANAD, PIN - 670721 - 34 SAJITH AGED 42 YEARS, S/O. KUNJAN, KAITHAVALAPPIL HOUSE, AMBALAVAYAL P.O., WAYANAD, PIN - 673593 - 35 SHAJU @SANJAY CRL.MC NO. 8137 OF 2023 4 AGED 53 YEARS, S/O. MOHANAN, CHATHOTHE HOUSE, KALLUVAYAL, SULTHAN BATHERY, WAYANAD, PIN - 673593 - 36 ASHRAF AGED 46 YEARS, S/O. HASSAN, PULPARAMBIL HOUSE, AMBALAVAYAL P.O., SULTHAN BATHERY, WAYANAD, PIN - 673593 - 37 SYAMJITH AGED 32 YEARS, S/O. PURUSHOTHAMAN, THANDAYA PARAMBIL HOUSE, AMBALAVAYAL P.O., SULTHAN BATHERY, WAYANAD, PIN - 673593 BY ADV P.MOHANDAS (ERNAKULAM) ## **RESPONDENT/S:** - 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, EMAKULAM, PIN - 682031 - 2 THE DETECTIVE INSPECTOR CBCID, EOW-III, KOZHIKODE, PIN - 673001 - 3 PRAJITH AGED 36 YEARS, S/O. KUNJAN NAIR, MANJATH HOUSE, AMBUKUTHI, AMBALAVAYAL, WAYANAD, PIN - 673593 - 4 SHANOJ AGED 33 YEARS, S/O. RAJAN, NELLIKUNNEL HOUSE, NENMENI P.O., KOLLIYADI, WAYANAD, PIN - 673592 - 5 ANNAKUTTY AGED 52 YEARS, W/O. DEVASIYA, ATTUPURATHE HOUSE, KUTTIKAITHA, AMBALAVAYAL, WAYANAD, PIN - 673593 - 6 SAINABA USMAN AGED 48 YEARS, W/O. USMAN, VADAKKIDAN, NARIKUNDE, AMBALAVAYAL, WAYANAD, PIN - 673593 - 7 SIVAN AGED 54 YEARS, S/O. GOVINDAN, THAKARAPADI, NOOLPUZHA P.O., WAYANAD, PIN - 673592 - 8 BIBIN SIMON AGED 37 YEARS, S/O. SIMON, PAYYAPURATHE HOUSE, PUTHANKUNNEL, THOTTUVETTI, WAYANAD, PIN - 673595 - 9 NOUSHAD AGED 42 YEARS, S/O. ALI, CHELLAPURATHE HOUSE, NARIKUNDE, AMBALAVAYAL, WAYANAD, PIN - 673593 - 10 SHINOJ AGED 44 YEARS, S/O. RADHAKRISHNAN, KOCHAMKOTTU CRL.MC NO. 8137 OF 2023 5 - HOUSE, AMBALAVAYAL, WAYANAD, PIN - 673593 - 11 MATHEW AGED 42 YEARS, S/O. MATHEW, VADASERRI HOUSE, AMBALAVAYAL, WAYANAD, PIN - 673593 - 12 SIRAJ AGED 35 YEARS, S/O. LATHEEF, POTTAMMAL HOUSE, AMBALAVAYAL, WAYANAD, PIN - 673593 - 13 MOIDU AGED 70 YEARS, S/O. ABDULLA, CHELLAKADAN HOUSE, AMBALAVAYAL, WAYANAD, PIN - 673593 - 14 BINEESH MATHEW AGED 60 YEARS, S/O. MATHEW, THEVATHODU HOUSE, AMBALAVAYAL, WAYANAD, PIN - 673593 - 15 SAJESH AGED 42 YEARS, S/O. CHANDRAN, KULATHIL HOUSE, AMBALAVAYAL, WAYANAD, PIN - 673593 - 16 VELAYUDHAN AGED 67 YEARS, S/O. CHOY, DHANYA SADAN, AMBALAVAYAL, WAYANAD, PIN - 673593 - 17 DIVIN SHA AGED 40 YEARS, S/O. DIVAKARAN, KONNAKKAL HOUSE, KOLERI P.O., WAYANAD, PIN - 673596 - 18 SUNNY AGED 49 YEARS, S/O. JOSEPH, PUNNAKKAL HOUSE, AMBALAVAYAL, WAYANAD, PIN - 673593 - 19 ASHRAF AGED 50 YEARS, S/O. BEERAN KUTTY, CHERIKKAPARAMBIL HOUSE, SULTHAN BATHERY, WAYANAD, PIN - 673593 - 20 ASHRAF AGED 38 YEARS, S/O. ALAVIKUTTY, KOLAPARAMBIL HOUSE, AMBALAVAYAL, AMBUKUTHY, WAYANAD, PIN - 673593 - 21 JABIR AGED 40 YEARS, S/O. BEERAN, PADIKKAL HOUSE, KARANI, WAYANAD, PIN - 673591 ## **OTHER PRESENT:** SRI HRITHWIK CS, PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 8137 OF 2023 6 **P.V.KUNHIKRISHNAN, J --------------------------------------Crl.M.C. No. 8137 of 2023** **-------------------------------------Dated this the 15[th] day of November, 2023** ## **O R D E R** This Criminal Miscellaneous Case is filed under Section 482 of the Code of Criminal Procedure, 1973 (“the Code” for the sake of brevity). 2. The petitioners are the accused in CC No. 141/2023 on the file of the Cief Judicial Magistrate's Court, Kalpetta. The above case is chargesheeted alleging offences punishable under Secs. 420, 120(B) r/w 34 IPC and also Secs. 3 and 4 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978. 3. The prosecution case is that the accused committed cheating and the victim sustained loss. 4. The learned counsel for the petitioners submits that the parties have settled their dispute and do not wish to pursue CRL.MC NO. 8137 OF 2023 7 the prosecution proceedings. The counsel relies on the affidavit filed by the victims in support of his contention. The counsel appearing for the victims also submitted that the matter is settled and the victims has no objection in quashing the prosecution. 5. The learned Public Prosecutor, on instructions, has expressed reservations about quashing the proceedings solely on the basis of the settlement. But the Public Prosecutor conceded that the matter is settled between the parties. 6. This Court has considered the submission of the petitioners, victims and the Public Prosecutor and has also gone through the records including the affidavits filed by the victims. 7. In **State of Madhya Pradesh v Laxmi Narayan and Others (2019 (5) SCC 688),** three judge bench of the Hon'ble Supreme Court has summarized the situation in which non compoundable offences can be quashed invoking the powers under Section 482 of the Code. The apex court in **Laxmi Narayan** 's case (supra) also relied on the law laid down CRL.MC NO. 8137 OF 2023 8 in **Gian Singh v. State of Punjab and another (2012 (10) SCC 303)** and **Narinder Singh and others v. State of Punjab and another (2014 (6) SCC 466)** . The apex court in paragraph 13 of the **Laxmi Narayan** 's case discussed the law in detail and the same is extracted hereunder: “13. Considering the law on the point and the other decisions of this Court on the point, referred to herein above, it is observed and held as under: i) that the power conferred under S.482 of the Code to quash the criminal - proceedings for the non compoundable offences under S.320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves; ii) such power is not to be exercised in those prosecutions which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society; iii) similarly, such power is not to be exercised for the offences under the special statutes like Prevention of Corruption Act or the offences CRL.MC NO. 8137 OF 2023 9 committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender; iv) offences under S.307 IPC and the Arms Act etc. would fall in the category of heinous and serious offences and therefore are to be treated as crime against the society and not against the individual alone, and therefore, the criminal proceedings for the offence under S.307 IPC and / or the Arms Act etc. which have a serious impact on the society cannot be quashed in exercise of powers under S.482 of the Code, on the ground that the parties have resolved their entire dispute amongst themselves. However, the High Court would not rest its decision merely because there is a mention of S.307 IPC in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of S.307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to framing the charge under S.307 IPC. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital / delegate parts of the body, nature of weapons used etc. However, such an exercise by the High Court would be permissible only after the evidence is collected after CRL.MC NO. 8137 OF 2023 10 investigation and the charge sheet is filed / charge is framed and / or during the trial. Such exercise is not permissible when the matter is still under investigation. Therefore, the ultimate conclusion in paragraphs 29.6 and 29.7 of the decision of this Court in the case of Narinder Singh (supra) should be read harmoniously and to be read as a whole and in the circumstances stated herein above; v) while exercising the power under S.482 of the Code to quash the criminal proceedings in respect of noncompoundable offences, which are private in nature and do not have a serious impart on society, on the ground that there is a settlement / compromise between the victim and the offender, the High Court is required to consider the antecedents of the accused; the conduct of the accused, namely, whether the accused was absconding and why he was absconding, how he had managed with the complainant to enter into a compromise etc.” 8. Keeping in mind the above dictum laid down by the apex court, this court perused the facts in this case and also perused the documents produced by the parties. After going through the entire facts and circumstances I am of the CRL.MC NO. 8137 OF 2023 11 considered opinion that the dispute is private in nature and the settlement can be accepted. Therefore, this Criminal Miscellaneous case is allowed. All further proceedings against the petitioners in CC No. 141/2023 on the file of the Cief Judicial Magistrate's Court, Kalpetta are quashed. **Sd/P.V.KUNHIKRISHNAN JUDGE** SKS CRL.MC NO. 8137 OF 2023 12 ## **APPENDIX OF CRL.MC 8137/2023** PETITIONER ANNEXURES Annexure-I Annexure-I CERTIFIED COPY OF THE FINAL REPORT FILED BY THE CRIME BRANCH BEFORE THE CHIEF JUDICIAL MAGISTRATE'S COURT, KALPETTA IN CRIME NO. 476/CR/EOW III/KKD/11 DATED 2904-2023 ALONG WITH WITNESS SCHEDULE Annexure-II AFFIDAVIT OF THE 3RD RESPONDENT Annexure-III AFFIDAVIT OF THE 4TH RESPONDENT Annexure-IV AFFIDAVIT OF THE 5TH RESPONDENT Annexure-V AFFIDAVIT OF THE 6TH RESPONDENT Annexure-VI AFFIDAVIT OF THE 7TH RESPONDENT Annexure-VII AFFIDAVIT OF THE 8TH RESPONDENT Annexure-VIII AFFIDAVIT OF THE 9TH RESPONDENT Annexure-IX AFFIDAVIT OF THE 10TH RESPONDENT Annexure-X AFFIDAVIT OF THE11TH RESPONDENT Annexure-XI AFFIDAVIT OF THE 12TH RESPONDENT Annexure-XII AFFIDAVIT OF THE 13TH RESPONDENT Annexure-XIII AFFIDAVIT OF THE 14TH RESPONDENT Annexure-XIV AFFIDAVIT OF THE 15TH RESPONDENT Annexure-XV AFFIDAVIT OF THE 16TH RESPONDENT Annexure-XVI AFFIDAVIT OF THE 17TH RESPONDENT Annexure-XVII AFFIDAVIT OF THE 18TH RESPONDENT Annexure-XVIII AFFIDAVIT OF THE 19TH RESPONDENT Annexure-XIX AFFIDAVIT OF THE 20TH RESPONDENT Annexure-XX AFFIDAVIT OF THE 21ST RESPONDENT Annexure-XXI TRUE COPY OF THE ORDER DATED 18-09-2020 IN CRL.M.C.NO. 266/2020 Annexure-XXII TRUE COPY OF THE ORDER DATED 17-05-2021 IN CRL.M.C.NO. 1841/2021