IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3730 of 2008()
1. K.N.UNNI, AGED 57 YEARS
... Petitioner
2. PADMA, W/O. K.N. UNNI, AGED 48 YEARS
Vs
1. STATE OF KERALA
... Respondent
2. C.K.RAJAPPAN, AGED 73 YEARS,
For Petitioner :SRI.G.PRIYADARSAN THAMPI
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :20/10/2008
O R D E R
R. BASANT, J.
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Crl.M.C.No. 3730 of 2008
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Dated this the 20th day of October, 2008
O R D E R
The petitioners are accused 1 and 2 in a prosecution
launched for offences punishable under Sections 120B, 406 and
420 r/w. 34 I.P.C. Altogether there are three accused persons.
Investigation is complete. Final report has already been filed.
2. The crux of the allegations is that a property which
belongs to the defacto complainant and accused 1 and 2 jointly
was sold by accused 1 and 2 to the third accused with fraudulent
and objectionable motives and the defacto complainant’s share of
sale proceeds was not paid to him. Cognizance was taken on the
basis of the final report submitted by the police after due
investigation. A further investigation was directed to be
conducted by the police. Such investigation is almost complete
and the police have decided now to submit a further report to
refer the crime. It is at this stage that the petitioners have come
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to this Court with a prayer that the cognizance taken against them as
also the third accused as C.C.479 of 2007 may be quashed.
3. The learned counsel for the petitioners submits that the
disputes between the parties have been settled and the second
respondent/defacto complainant has compounded the offences
allegedly committed by the petitioners herein as also the third accused.
In these circumstances, accepting the dictum in Madan Mohan Abbot
v. State of Punjab (2008 (3) KLT 19) the proceedings against all the
accused may be quashed invoking the jurisdiction under Section 482
Cr.P.C., it is prayed. The defacto complainant has filed an affidavit to
confirm that he has settled the disputes and has compounded the
offences allegedly committed by the accused. The civil proceedings
between the parties has also been compromised, it is further submitted.
A joint application for composition has been filed by the petitioners
herein and the second respondent duly counter signed by their counsel.
All concerned submit that the disputes having already been settled and
the second respondent having compounded the offences allegedly
committed by all the accused persons, C.C. 479 of 2007 filed on the
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basis of the final report in Crime No. 351 of 2006 of Ernakulam Town
South Police Station may be quashed.
4. Notice was given to the learned Prosecutor, who confirms that
further investigation has revealed that no offence has been committed
by the accused in this case and a negative further final report will
immediately be filed. The State has no objection, in these
circumstances, in the proceedings being quashed, submits the
Prosecutor.
5. Having considered all the relevant circumstances, I am
satisfied that this is an eminently fit case where powers under Section
482 Cr.P.C. as enabled by the dictum in Madan Mohan Abbot
(supra) can safely be invoked to bring to premature termination the
proceedings against the petitioners and the third accused.
6. In the result:
a) This Crl.M.C. is allowed.
b) C.C.479 of 2007 pending before the Addl. C.J.M., Ernakulam
against the petitioners herein and the third respondent, in which the
second respondent is the defacto complainant, is hereby quashed.
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c) Needless to say, proceedings, if any, pending against the
petitioners and their sureties under Section 446 Cr.P.C. shall be
disposed of in accordance with law.
(R. BASANT)
Judge
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