Syamjith S. Pillai v. State of Kerala and Saleena George

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** ## **THE HONOURABLE MR.JUSTICE V.K.MOHANAN** ## **TUESDAY, THE 26TH DAY OF AUGUST 2014/4TH BHADRA, 1936** ## **Crl.MC.No. 3913 of 2014** ## **------------------------------------** **CRIME NO.571/2014 OF UDAYAMPEROOR POLICE STATION, ERNAKULAM** **----------------** **PETITIONER :** **---------------------** **SYAMJITH S. PILLAI, AGED 28 YEARS, SON OF SOMANADHAN PILLAI, KOLLASSERI HOUSE, MANAKALA P.O., NEDUMKUNNE, PIN - 691 551.** ## **BY ADV. SRI.K.B.SAJAN** ## **RESPONDENTS :** **-------------------------** **1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.** **2. SALEENA GEORGE, AGED 50 YEARS,** **WIFE OF LATE SAJU, HOUSEWIFE, KILIKUNNEL KOCHU PALATHINKEL HOUSE, UDAYAMPEROOR, MANAKUNNAM VILLAGE, ERNAKULAM DISTRICT - 682 307.** **R1 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN R2 BY ADV. SRI.DILISH JOHN** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-08-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Msd. ## **Crl.MC.No. 3913 of 2014** ## **APPENDIX** ## **PETITIONER(S)' ANNEXURES:** **ANNEXURE 1 : CERTIFIED COPY OF F.I.R.NO.571/2014 DATED 21.04.2014 OF UDAYAMPEROOR POLICE STATION.** **ANNEXURE 2 : CERTIFIED COPY OF F.I.STATEMENT DATED 21.04.2014 GIVEN BY THE 2ND RESPONDENT. ANNEXURE 3 : AFFIDAVIT FILED BY THE DEFACTO COMPLAINANT IN CRIME NO.571/2014 OF UDAYAMPEROOR POLICE STATION.** ## **RESPONDENT(S)' ANNEXURES:** ## **NIL** **//TRUE COPY//** **P.A.TO JUDGE.** Msd. ## **V.K.MOHANAN, J. ------------------------------Crl.M.C.No.3913 of 2014 ------------------------------Dated this the 26[th] day of August, 2014.** ## **O R D E R** The above petition is filed under Section 482 of the Criminal Procedure Code (for short 'Cr.P.C.') at the instance of the petitioner, who is the accused in Crime No.571 of 2014 of Udayamperoor Police Station for the offence punishable under Sections 420, 468 and 471 of I.P.C. with a prayer to quash the entire proceedings in the above crime, as the matter is settled out of court. 2. The allegation in the above case is that the petitioner made believe the 2[nd] respondent that he is an agent of AVIVA Company and he issued fake receipts of Life Insurance Policy of the said company to her and received Rs.21,00,000/- for the period 13.7.2007 to 14.11.2013 from her with an intention to cause wrongful loss to her and wrongful gain to him, and thereby **Crl.M.C.No.3913 of 2014** 2 committed the offence as alleged by the prosecution. Now, the case of the petitioner is that the matter is settled out of court. 3. Heard the learned counsel for the petitioner as well as the 2[nd] respondent. I have also heard the learned Public Prosecutor. 4. The learned counsel for the petitioner submitted that during the pendency of the above case, the matter is settled amicably between the parties to the dispute which is the subject matter of the above case. Therefore, the continuation of the proceedings in the above case is abuse of process of law and proceedings. 5. The learned counsel for the 2[nd] respondent who on the basis of specific instruction received from the respondents submitted that the above respondent, who is the de facto complainant, does not intend to proceed any further against the petitioner and she has no grievance against him. **Crl.M.C.No.3913 of 2014** 3 6. I have carefully considered the above submissions of the respective counsel. I have verified the documents and materials produced along with the above petition. In the given facts and circumstances of the case and especially in the light of the settlement arrived between the parties to the dispute, the learned Public Prosecutor has also no objection in allowing the above petition. 7. Having regard to the facts and circumstances involved in the case, it can be seen that the offences involved in the above case are only under Sections 420, 468 and 471 of I.P.C. which are more or less personal in nature and no public interest is involved. It is pertinent to note that though such offences are involved, the real parties to the dispute approached this Court after having amicably settled the matter. From the submission made by the counsel for the 2[nd] respondent, it appears to me that the de facto complainant has no further grievance against the petitioner/accused in the light of the settlement arrived by **Crl.M.C.No.3913 of 2014** 4 them. In this juncture, it is relevant to note the decision of the Honourable Apex Court reported in **Gian Singh** v. **State of Punjab** [2012(4) KLT 108(SC)]. In Gian Singh's case, the Supreme Court has held as follows:- “57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under S.320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz;(i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R. may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed.” ## It is further held as follows:- “......... But the criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercandile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, **Crl.M.C.No.3913 of 2014** 5 because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim........” According to me, in the light of the facts and circumstances involved in the present case and particularly in view of the settlement arrived in the present case, the dictum laid in the above decision is applicable in the present case. According to me, as the parties to the dispute settled the issues amicably, it is the duty of this Court to promote and encourage such settlement, instead of compelling the parties to go on with the dispute. It is pertinent to note that since the matter is settled out of court, in the event of proceeding with the trial, there would not have any fruitful prosecution resulting the conviction of the accused, rather the net result would be sheer waste of judicial time and abuse of process of the court and proceedings. Thus, according to me, following the decision cited supra, this Criminal M.C. can be allowed granting the relief as sought 6 ## **Crl.M.C.No.3913 of 2014** for. In the result, this Crl.M.C. is allowed, quashing all further proceedings in Crime No.571 of 2014 of Udayamperoor Police Station and the proceedings pending against the petitioner in the above crime before the Additional Chief Judicial Magistrate court, Ernakulam. Sd/- **V.K.MOHANAN, Judge.** ami/ //True copy// P.A.to Judge