IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE [ENTITY] V WEDNESDAY, THE 28TH DAY OF SEPTEMBER 2016/6TH ASWINA, 1938 Crl.MC.No. 5545 of 2016 () CC 1096/2015 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM. CRIME NO.593/2010 OF ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM. PETITIONERS 1 TO 3/ACCUSED 2 TO 4: 1. ANIL T., AGED 45 YEARS, S/O.THOMAS, PUZHAMADATHIL HOUSE, MANNUMTHURUTHU, VARAPUZHA P.O., NORTH PARVUR, ERNAKULAM DISTRICT. 2. RAJESH K.V., AGED 44 YEARS, S/O.VELAYUDHAN, KANJRAPARAMBIL HOUSE, KAZHIMBRAM P.O., EDAMUTTAM, THRISSUR DISTRICT-680586. 3. JANARDHANAN V.V., AGED 62 YEARS, S/O.VELAPPAN, VAZHAPULLY HOUSE, KAZHIMBRAM P.O., EDAMUTTAM, THRISSUR DISTRICT-680586. BY ADV. SRI.E.VIJIN KARTHIK RESPONDENT(S)/RESPONDENTS/STATE OF KERALA AND DEFACTO COMPLAINANT: 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2 2 Crl.MC.No. 5545 of 2016 () 2. SEBASTIAN, AGED 58 YEARS, S/O.GEORGE, ARAKKAL HOUSE, PET BHAVAN, BANK ROAD, KALOOR, KOCHI-6820[SECTION]. 3. LISSY SEBASTIAN, AGED 55 YEARS, S/O.SEBASTIAN, ARAKKAL HOUSE, PET BHAVAN, BANK ROAD, KALOOR, KOCHI-6820[SECTION]. 4. VIJAY SEBASTIAN, AGED 28 YEARS, S/O.GEORGE, ARAKKAL HOUSE, PET BHAVAN, BANK ROAD, KALOOR, KOCHI-6820[SECTION]. R1 BY PUBLIC PROSECUTOR SRI.AMJAD ALI R2 TO R4 BY ADV. SRI.P.V.JEEVESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: mbr/ Crl.MC.No. 5545 of 2016 () APPENDIX PETITIONER(S)' ANNEXURES: ANNEXURE A1 : CERTIFIED COPY OF THE SAID FIS GIVEN BY THE DEFACTO COMPLAINANT ALONG WITH THE FIR LODGED BY THE ERNAKULAM TOWN POLICE DATED 25-03-2010. ANNEXURE A2 : CERTIFIED COPY OF THE FINAL REPORT DATED 16-12-15. ANNEXURE A3 : THE AFFIDAVIT SWORN BY THE DEFACTO COMPLAINANT/2ND RESPONDENT DATED 26-07-2016. ANNEXURE A4 : THE AFFIDAVIT SWORN BY THE CW-2/3RD RESPONDENT DATED 26-07-2016. ANNEXURE A5 : THE AFFIDAVIT SWORN BY THE CW-3/4TH RESPONDENT DATED 26-07-2016. RESPONDENT(S)' ANNEXURES: NIL TRUE COPY P.S. TO JUDGE mbr/ [ENTITY], V., J. Crl.M.C. No. 5545 of 2016 Dated this the 28th day of September, 2016 O R D E R
1.This petition is filed under [SECTION] of the [ACT].
2.The petitioners herein are the accused Nos. 2 to 4 in [CASE NUMBER] on the file of the Additional Chief Judicial Magistrate Court, Ernakulam. The aforesaid case has arisen from a complaint lodged by the 2nd respondent herein alleging offences under [SECTION] and [SECTION] of the [ACT] and under [SECTION] and [SECTION] of the [ACT].
3.The prosecution allegation is that the de facto complainant is running a gold covering business in the name and style as "Ragam Gold Covering" at Kaloor, Ernakulam. He used to borrow money from the 1st accused on the strength of blank papers, cheques and revenue stamps executed by the de facto complainant, his wife and son, who are the respondents 2 to 4 herein. On his failure to repay the amount to the 1st accused, the petitioners 2 to 4 for and on his behalf are alleged to have harassed and intimidated them. It is on the basis of the above allegations that Annexure-A1 FIR was registered. It appears that after investigation, final report was laid before the jurisdictional court and the case is now pending as [CASE NUMBER] on the file of the Additional Chief Judicial Magistrate Court, Ernakulam.
4.The learned counsel appearing for the respondents 2 to 4 submits that they have no subsisting grievance against the petitioners herein. The said counsel refers to Annexures-A3, A4 and A5 affidavits sworn to by the party respondents to contend that the victims have completely absolved the petitioners.
5.The learned counsel appearing for the petitioner submits that the allegations are all centered against the 1st accused who has advanced the money to the 2nd respondent herein. The learned counsel further submits that in view of the compromise arrived at between the petitioners and the private respondents, the inherent power can be exercised by this Court and the entire proceedings are liable to be quashed. Reference is made to the judgment of the Apex Court in [PRECEDENT], [PRECEDENT] and [PRECEDENT] to contend that this Court will be justified in exercising inherent powers in a case of this nature to prevent abuse of the process of the court or to otherwise secure the ends of justice.
6.The learned Public Prosecutor on instructions submits that it is not reported that the petitioners are involved in other cases.
7.After anxiously considering the allegations it appears that the party respondents have completely absolved the petitioners and even if the criminal proceedings are taken to its logical conclusions it would be nothing but an exercise in futility. Further more, it is not reported that the petitioners are involved in any other criminal proceedings. In the above view of the matter, I am of the view that the inherent powers of this Court can be execrised for quashing the impugned criminal proceedings.
In the result, this petition will stand allowed. The criminal proceedings pending against the petitioners on the file of the Additional Chief Judicial Magistrate Court, Ernakulam as [CASE NUMBER] are quashed.
[ENTITY], V. JUDGE Ps/28/9/16