Venugopalan K.N. and Viji.E.C. v. State of Kerala and HDFC Bank; Alex K. Ipe and Abdul Salam.M.H. v. State of Kerala and HDFC Bank

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. ``` ``` WEDNESDAY, THE 6[TH] DAY OF JULY 2022 / 15TH ASHADHA, 1944 ``` ## **`CRL.MC NO. 248 OF 2021`** ``` CC 1150/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS - IX, ERNAKULAM CRIME NO.655/2011 OF PALARIVATTOM POLICE STATION ``` ## **`PETITIONERS/ACCUSED NO.1 AND 2:`** ``` 1VENUGOPALAN K.N. AGED 59 YEARS S/O.C.V.NARAYANAN NAIR, KALARICKAL HOUSE, KADAYIRIPPU P.O., KOLENCHERY, KOCHI, ERNAKULAM DISTRICT, PIN- 682311. 2VIJI.E.C., AGED 49 YEARS W/O.VENUGOPALAN, KALARICKAL HOUSE, KADAYIRIPPU P.O., KOLENCHERY, KOCHI, ERNAKULAM DISTRICT, PIN-682311. BY ADV J.RAMKUMAR ``` ## **`RESPONDENTS/STATE & DEFACTO COMPLAINANT:`** ``` 1STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682018. 2STATION HOUSE OFFICER, PALARIVATTOM POLICE STATION, PALARIVATTOM, ERNAKULAM, PIN-682025. ``` ``` 3H.D.F.C.BANK, S.L.PLAZA, PALARIVATTOM, ERNAKULAM, PIN-682025, REPRESENTED BY ITS ASSISTANT VICE PRESIDENT, MR.P.RAMESH KUMAR, AGED 40 YEARS, S/O.K.P.PARAMASHIVAN. ``` ``` BY ADV. ADV M.A.JOSEPH MANAVALAN ADV. SEENA. C – PUBLIC PROSECUTOR ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.07.2022, ALONG WITH Crl.MC.1110/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` CRL.MC NO. 248 OF 2021 & CRL.MC NO. 1110 OF 2021 ``` ``` 2 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. WEDNESDAY, THE 6[TH] DAY OF JULY 2022 / 15TH ASHADHA, 1944 CRL.MC NO. 1110 OF 2021 ``` ``` CC 1150/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS – IX, ``` ## **`ERNAKULAM`** ## **`CRIME NO.655/2011 OF PALARIVATTOM POLICE STATION`** ## **`PETITIONERS/3RD AND 5TH ACCUSED:`** ``` 1ALEX K. IPE AGED 71 YEARS S/O.JOSEPH, KATTAKAYAM HOUSE, PATTIMATTOM P.O., ERNAKULAM DISTRICT, PIN-683 562. ``` ``` 2ABDUL SALAM.M.H., AGED 39 YEARS S/O.HUSSAIN.M.A., VALIYA CHETTIPARAMBIL HOUSE, DESHABHIMANI ROAD, KALOOR, KOCHI, ERNAKULAM DISTRICT, PIN-682 017. ``` ## `BY ADV J.RAMKUMAR` ## **`RESPONDENTS /STATE & DEFACTO COMPLAINANT:`** ``` 1STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 018. ``` ``` 2STATION HOUSE OFFICER PALARIVATTOM POLICE STATION, PALARIVATTOM, ERNAKULAM, PIN-682 025. ``` ``` 3H.D.F.C BANK S.L.PLAZA, PALARIVATTOM, ERNAKULAM, PIN-682 025, REPRESENTED BY ITS ASSISTANT VICE PRESIDENT, MR.P.RAMESH KUMAR, AGED 40 YEARS, S/O.K.P.PARAMASHIVAN. ``` ``` CRL.MC NO. 248 OF 2021 & CRL.MC NO. 1110 OF 2021 ``` ``` 3 ``` ``` BY ADV ADV M.A.JOSEPH MANAVALAN ADV.SEENA C – PUBLIC PROSECUTOR ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.07.2022, ALONG WITH Crl.MC.248/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` CRL.MC NO. 248 OF 2021 & CRL.MC NO. 1110 OF 2021 ``` ``` 4 ``` ## **`ORDER`** ## **`[Crl.MC Nos.248/2021, 1110/2021]`** These Crl.M.Cs are filed by the accused Nos.1 to 3 and 5 in C.C. No.1150/2017 pending before the Judicial First Class magistrate Court IX, Ernakulam. Crl.M.C. No.248 of 2021 is filed by the accused Nos.1 and 2 whereas, Crl.M.C. No.1110/2021 is filed by the accused Nos.3 and 5. The aforesaid case arises from crime No.655/2011 of Palarivattom Police Station which was registered for the offences punishable under Sections 406, 420, 468, 471, 472, 473, 474, 475 476, 120(b) read with Section 34 of Indian Penal Code. 2. The prosecution case is that, the accused Nos.1 to 5 with the intention to cheat the 3[rd] respondent/defacto complainant which is a bank, obtained a loan for accused Nos.1 and 2 by fabricating a sale deed and mortgaging the said document with the bank. Annexure A1 is the First Information Report and Annexure A2 is the Final Report submitted by the Police. These Crl.M.Cs. are filed for quashing all further proceedings pursuant thereto. ``` CRL.MC NO. 248 OF 2021 & CRL.MC NO. 1110 OF 2021 ``` ``` 5 ``` 3. Heard Sri.J.Ramkumar, learned counsel appearing for the petitioners and Smt.Seena C., learned Public Prosecutor appearing for the State and Sri.M.A. Joseph Manavalan, learned counsel appearing for the 3[rd] /defacto complainant . 4. The prayer for quashing the above proceedings is sought for by the petitioners on the ground that, the dispute between the parties has been settled and to substantiate the same, the 3[rd] respondent has sworn Annexure A3. The aforesaid affidavit indicates that, the matter has been settled and the injured person has no subsisting grievance against the petitioners herein. He also conveyed that he has no objection in quashing the proceedings against the petitioners herein. The learned counsel for the 3[rd] respondent/defacto complainant also confirmed the same. The learned Public Prosecutor upon instructions submitted that the veracity of the settlement was verified by the Station House officer concerned and before the SHO also, the 3[rd] respondent has reiterated that, he does not have any objection in quashing the proceedings as he has no subsisting grievance against the petitioners herein. ``` CRL.MC NO. 248 OF 2021 & CRL.MC NO. 1110 OF 2021 ``` ``` 6 ``` 5. Going through the materials available on record, it is discernible that, the dispute is basically private in nature and on account of settlement arrived at between the parties, no purpose would be served if the proceedings against the petitioners herein were allowed to continue. In such circumstances, the chances of a successful prosecution are very bleak. Therefore, I am of the view that going by the decision in **Gian Singh v. State of Punjab and Another [2012(4) KLT 108],** this is a fit case in which the powers of this Court under Section 482 of the Code of Criminal Procedure can be invoked. Accordingly, this Crl.M.C. is allowed. Annexure-A2 Final Report in Crime No.655/2011 of Palarivattom Police Station and all further proceedings in C.C.No.1150/2017 pending before the Judicial First Class Magistrate Court IX, Ernakulam as against the petitioners are hereby quashed. ``` Sd/- ZIYAD RAHMAN A.A. JUDGE ``` scs ``` CRL.MC NO. 248 OF 2021 & CRL.MC NO. 1110 OF 2021 ``` ``` 7 ``` ## **`APPENDIX OF CRL.MC 1110/2021`** ``` PETITIONER ANNEXURES ANNEXURE A1TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.655/2011 OF PALARIVATTOM POLICE STATION. ANNEXURE A2TRUE COPY OF THE CHARGE SHEET IN CRIME NO.655/2017 OF PALARIVATTOM POLICE STATION. ANNEXURE A3AFFIDAVIT DATED 15.02.2021 SWORN IN BY MR.RAMESH KUMAR, DEPUTY LEGAL MANAGER OF THE 3RD RESPONDENT. ``` ``` CRL.MC NO. 248 OF 2021 & CRL.MC NO. 1110 OF 2021 ``` ``` 8 ``` ## **`APPENDIX OF CRL.MC 248/2021`** ``` PETITIONER ANNEXURES ANNEXURE A1CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.655/2011 OF PALARIVATTOM POLICE STATION. ANNEXURE A2CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO.655/2017 OF PALARIVATTOM POLICE STATION. ANNEXURE A3AFFIDAVIT DATED 09.12.2020 SWORN IN BY MR.RAMESH KUMAR, DEPUTY LEGAL MANAGER OF THE 3RD RESPONDENT. ```