Kerala High Court
Stella vs State Of Kerala on 3 April, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:29612
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947
CRL.MC NO.1829 OF 2025
CRIME NO.370/2014 OF Edacherry Police Station, Kozhikode
IN CC NO.859 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST
CLASS ,VADAKARA
PETITIONER/ACCUSED NO.2:
STELLA,
AGED 53 YEARS
D/O.KUNHIRAMAN MASTER, PUTHIYOT METHAL VEEDU,P.O.
KOTENCHERRY, PURAMERI, VATAKARA TALUK,KOZHIKODE
DISTRICT, PIN - 673503
BY ADVS.
U.P.BALAKRISHNAN
ABDUL RAOOF PALLIPATH
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 RAJAN K,
AGED 60 YEARS
S/O. KANARAN, KATTILVEEDU, EDACHERRY AMSOM, DESOM
P.O.EDACHERRY NORTH, VADAKARA TALUK, KOZHIKODE
DISTRICT, PIN - 673502
BY ADV C.H.ABDUL RASAC
SRI. M.C. ASHI, PP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:29612
Crl.M.C.No.1829 of 2025
2
ORDER
Dated this the 3rd day of April, 2025 Petitioner is the 2nd accused in Crime No.370 of 2014 registered at the Edacherry Police Station for offences punishable under Sections 420 and 468 r/w Section 34 of IPC, now pending as C.C No.859 of 2022 on the files of the Judicial First Class Magistrate Court- I, Vatakara.
2. The crime is registered on the allegation that, accused bought articles worth Rs.1,30,000/- from the defacto complainant on 24.03.2014 and after paying Rs.30,000/-, the 1st accused forged the signature on the cheque belonging to the 2 nd accused for the balance amount, thereby cheating the defacto complainant.
3. Learned Counsel for the petitioner submitted that the dispute, which led to the incident and 2025:KER:29612 Crl.M.C.No.1829 of 2025 3 registration of the crime, is amicably settled between the parties and Annexure A3 affidavit has been filed by the 2nd 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. I heard the learned Public Prosecutor also.
6. Having considered the gravity of the offences alleged and having perused the affidavit, contents of which is vouched to be true and voluntary by the Counsel for the 2nd respondent, I am satisfied that no 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 2025:KER:29612 Crl.M.C.No.1829 of 2025 4 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 A2 final report and all further proceedings in Crime No.370 of 2014 registered at the Edacherry Police Station, now pending as C.C No.859 of 2022 on the files of the Judicial First Class Magistrate Court-I, Vatakara, as against the petitioner, is quashed.
Sd/-
V.G.ARUN JUDGE SSK/03/04 2025:KER:29612 Crl.M.C.No.1829 of 2025 5 APPENDIX OF CRL.MC 1829/2025 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FIR IN CRIME NO.370/2014 REGISTERED AS EDACHERRY POLICE Annexure A2 THE CERTIFIED COPY OF THE FINAL REPORT NO.
419/2014 DATED 14.10.2014 IN CRIME NO. 370/2014 BEFORE THE JFCM COURT-I, VATAKARA Annexure A3 THE AFFIDAVIT SWORN IN BY THE DEFACTO-
COMPLAINANT DATED 15.02.2025 RESPONDENTS EXHIBITS : NIL TRUE COPY P.A. TO JUDGE