Kerala High Court
Shamsudheen Mp vs State Of Kerala on 17 June, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:44914
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 17TH DAY OF JUNE 2025/27TH JYAISHTA, 1947
CRL.MC NO. 4923 OF 2025
CRIME NO.53/2023 OF PERINTHALMANNA POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT IN SC NO.88 OF 2025 OF ADDITIONAL
DISTRICT COURT & SESSIONS COURT - III, MANJERI / III ADDITIONAL
MACT, MANJERI
PETITIONER/1ST ACCUSED:
SHAMSUDHEEN MP
AGED 56 YEARS, S/O THAHIRKUTTI,
MANGADANPARAMBATH, ANAMANGAD PO, MANALAYA,
PERINTHALMANNA, PIN - 679357
BY ADVS.
SHRI.SANTHOSH PETER (MAMALAYIL)
SRI.P.N.ANOOP
SMT.SMITHA PILLAI
SRI.M.S.SANDEEP SUDHAKARAN
SHRI.NADEEM NAZAR
SMT.NISSI V. RAJESH
RESPONDENTS/STATE, DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 JAMSHEER P
AGED 39 YEARS, S/O ABDUL RAHMAN,
PALAPPATTA, VANIYAMBALAM PO, WANDOOR, NILAMPOOR,
MALAPPURAM DISTRICT, PIN - 679339
CRL.MC NO. 4923 OF 2025
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2025:KER:44914
BY ADV SRI.P.ABDUL NISHAD
SRI. M.C. ASHI, SR.PP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.06.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 4923 OF 2025
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2025:KER:44914
ORDER
Dated this the 17th day of June, 2025 Petitioner is the 1st accused in Crime No.53 of 2023 registered at the Perinthalmanna Police Station for offences punishable under Sections 406, 420 and 34 of the Indian Penal Code and Section 5 read with 23 of the Banning of Unregulated Deposit Schemes Act, now pending as S.C No.88 of 2025 on the files of the Sessions Court, Manjeri.
2. The crime was registered on the allegation that by making the de facto complainant and CW2 believe that the accused have been entrusted the work of constructing 10000 houses under PMAY Scheme, the accused offered to award the sub-contract for 1000 houses to them, collected Rs.70 lakhs towards Earnest Money Deposit and made the de facto complainant and CW2 construct 10 houses in the land belonging to CW4, without obtaining any permission or sanction.
3. Learned Counsel for the petitioner submitted CRL.MC NO. 4923 OF 2025 4 2025:KER:44914 that the dispute, which led to the incident and registration of the crime, is amicably settled and Annexure 2 affidavit has been filed by the 2 nd respondent vouching this fact.
4. Learned Counsel for the 2nd respondent also submitted that the dispute is settled and his client has no grievance against the petitioner.
5. Learned Public Prosecutor pointed out that, insofar as amounts were collected by the accused from other persons also by making them believe that houses are being constructed under the PMAY Scheme, there is an element of public interest involved.
6. Learned Counsel for the petitioner clarified that, initially proceedings under the BUDS Act were proposed to be initiated on the premise that many persons were cheated by falsely promising to construct houses under the PMAY Scheme. Later, the Competent Authority under the BUDS Act dropped the proceedings and presently, the prosecution is only for offences under CRL.MC NO. 4923 OF 2025 5 2025:KER:44914 Sections 406 and 420 of the Indian Penal Code. It is further submitted that the 2nd respondent has settled the dispute with the petitioner on being convinced that the petitioner had collected amount from him with accused Nos.2 and 3. It is the further submission of the learned Counsel that the petitioner has filed a complaint against accused Nos.2 and 3 and the matter is now pending before the competent court at Coimbatore.
7. Insofar as the offences presently charged against the petitioner are purely private in nature, the fact that amounts were collected by projecting the PMAY Scheme need not deter this Court from invoking its inherent power for quashing the proceedings, particularly when the proceedings under the BUDS Act has been dropped.
8. Having considered the gravity of the offences alleged and having perused the affidavit, the contents of which are vouched to be true and voluntary by the Counsel for the 2nd respondent, I am satisfied that no CRL.MC NO. 4923 OF 2025 6 2025:KER:44914 public interest is involved in this matter and the dispute has been settled amicably. In view of the settlement, there is no possibility of the criminal proceedings ending in conviction. As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v State of Punjab [(2008) 4 SCC 582] and Gian Singh v State of Punjab and Another [(2012) 10 SCC 303], there is no impediment in granting the relief.
In the result, this Crl.M.C is allowed. Annexure 1 final report in Crime No.53 of 2023 of Perinthalmanna Police Station and all further proceedings in S.C No.88 of 2025 on the files of the Sessions Court, Manjeri, as against the petitioner, is quashed.
Sd/-
V.G.ARUN JUDGE ARK CRL.MC NO. 4923 OF 2025 7 2025:KER:44914 APPENDIX OF CRL.MC 4923/2025 PETITIONER ANNEXURES ANNEXURE 1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO: 53/2023 OF PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT WHICH IS PENDING AS S C NO. 88/2025 ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE-III, MANJERI DATED 16/05/2025 ANNEXURE 2 TRUE COPY OF THE AFFIDAVIT SWORN BY THE DEFACTO COMPLAINANT/ 2ND RESPONDENT DATED 03.06.2025 ANNEXURE 3 CERTIFIED COPY OF THE APPLICATION FILED BY THE INVESTIGATING OFFICER AVOIDING PROVISIONS UNDER THE BUDS ACT FILED BEFORE THE ADDITIONAL SESSIONS COURT-111, MANJERI DATED 11/04/2025.