Kerala High Court
O.P.Achuthankutty vs State Of Kerala on 11 April, 2019
Equivalent citations: AIRONLINE 2019 KER 224
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 11TH DAY OF APRIL 2019 / 21ST CHAITHRA, 1941
Crl.MC.No. 5781 of 2016
Crl.M.P.NO.4803/2016 OF THE CHIEF JUDICIAL MAGISTRATE COURT,
THRISSUR
PETITIONERS/ACCUSED:
1 O.P.ACHUTHANKUTTY,
AGED 62 YEARS,
S/O.GOVINDA MENON,"SHANTHI",GURUVAYOOR POST,
THRISSUR-680103.
2 O.P.BABU, AGED 50 YEARS,
S/O.GOVINDA MENON,"NARAYANEEYAM",LAKSHMI ENCLAVE,
KIZHAKUMPATTUKARA, THRISSUR-680005.
3 SUGUDHAN.K.K., AGED 67 YEARS,
S/O KUMARAN, KOLLAPARAMBIL HOUSE, KOTTANELLOOR POST,
THRISSUR-680672.
4 UNNIKRISHNAN.M.U., AGED 58 YEARS,
S/O.UNNIRI, MELEPURACKAL HOUSE, GREEN PARK AVENUE
NO.31, THIRUVAMPADY POST, THRISSUR-680022.
BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM)
RESPONDENTS/DE FACTO COMPLAINANT & STATE:
1 STATE OF KERALA
REPRESENTED BY S.I.,OF POLICE, TRICHUR EAST POLICE
STATION,THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA.
2 DR.A.C.VELAYUDHAN, AGED 55 YEARS,
S/O.CHOZHIKUTTY, ALUNKAL HOUSE, PALLATH LANE WEST,
POONKUNNAM POST, THRISSUR-680022.
R2 BY ADV. SRI.S.MANU
R1 BY PUBLIC PROSECUTOR SRI. B. JAYASURYA
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 11.04.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 5781 of 2016 2
ORDER
This petition is filed under Section 482 of the Cr.P.C.
2. The petitioners herein are accused Nos.1 to 4 in C.C.No.92 of 2016 on the file of the Chief Judicial Magistrate Court, Thrissur. In the aforesaid crime, they are accused of having committed offences punishable under Sections 465, 468, 471 and 406 of the IPC.
3. The de facto complainant is the Chairman of the Punarjani Securities Ltd. The prosecution allegation is that the petitioners removed the de facto complainant and Dr.Suresh from the post of Board of Directors of Punarjani Securities Ltd. and Mr.Rajesh from the post of Board of Directors of Aswini Hospital by forging the documents and by preparing fake minutes and fake resolution with the aid of Company Secretaries and with fraudulent intent uploaded the Forms in the website of the Ministry of Corporate Affairs.
4. Heard the learned counsel appearing for the petitioners, the party respondent and the learned Public Prosecutor.
5. The learned counsel appearing for the petitioners submitted that the victim and the offenders have arrived at a compromise and Crl.MC.No. 5781 of 2016 3 narrating the said fact, the victim has filed an affidavit before this Court. The termination of proceedings would resolve a festering private dispute between the parties and it is prayed that the proceedings be quashed.
6. The learned counsel appearing for the 2 nd respondent would also refer to the affidavit and it is submitted that the parties have not only buried the hatchet, but also have decided to live peacefully in future. According to the learned counsel, no purpose would be served in dragging these proceedings.
7. The learned Public Prosecutor, on instructions, submitted that the petitioners are not persons with criminal antecedents and that the State has no grievance in quashing the proceedings as no public interest is involved.
8. It is thus borne out from the submissions made at the bar that the parties have amicably settled their disputes on their own free will and without any kind of pressure, influence or coercion. The compromise, it is felt, is voluntary and genuine, and can be acted upon.
Crl.MC.No. 5781 of 2016 4
9. In Gian Singh v. State of Punjab [(2012) 10 SCC 303], the Apex Court has held that in appropriate cases, the High Court can take note of the amicable resolution of disputes between the victim and the wrongdoer to put an end to the criminal proceedings. This view was reiterated in Narinder Singh v. State of Punjab [(2014) 6 SCC 466] and Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653].
10. Having considered the submissions advanced and on perusing the records, it appears that the offences are entirely personal in nature and do not affect public peace or tranquility. It is also felt that quashing of proceedings on account of compromise would bring about peace. In a case such as the instant one, even if the prosecution is allowed to continue, it would not serve any purpose as the possibility of conviction is remote and bleak. It can only result in putting the de facto complainant and the accused to unwanted oppression and prejudice. Settlement will augur well for the interest of the community and will enable the parties to live in peace and harmony.
In the result, this petition is allowed. Annexure-A1 complaint and all further proceedings pursuant thereto against the petitioners in Crl.MC.No. 5781 of 2016 5 C.C.No.92 of 2016 of the Chief Judicial Magistrate Court, Thrissur herein are quashed.
SD/-
RAJA VIJAYARAGHAVAN V JUDGE DSV/12.4.19 //TRUE COPY// P.A. TO JUDGE Crl.MC.No. 5781 of 2016 6 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 A TRUE COPY OF THE COMPLAINT DATED 22.09.2015 FILED BY THE 2ND RESPONDENT BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR AS CMP 4803/2015.
ANNEXURE A2 A TRUE COPY OF THE ORDER DATED 17.06.2016 OF THE LEARNED CHIEF JUDICIAL MAGISTRATE, TRICHUR.
ANNEXURE A3 A TRUE COPY OF THE FIR NO.972/22/2015 OF TRICHUR EAST POLICE STATION.
ANNEXURE A4 A TRUE COPY OF THE REFER REPORT FILED BY TRICHUR EAST POLICE IN FIR NO.972/2015.
ANNEXURE A5 TRUE COPY OF THE BANK ACCOUNT STATEMENT FROM 01.08.2012 TO 31.08.2012.
ANNEXURE A6 A TRUE COPY OF THE MINUTES OF THE MEETING DATED 01.04.2015 & 28.04.2015 OF PUNARJANI SECURITIES LTD.
ANNEXURE A7 TRUE COPIES OF THE DIR 12 FORMS FILED BY THE 1ST PETITIONER.
ANNEXURE A8 TRUE COPY OF THE RELEVANT PAGES OF LEDGER ACCOUNT OF ASWINI HOSPITAL FROM 01.04.2013 TO 31.03.2014 AND ONE OF THE BILLS OF GOUTHAM PHARMA.
ANNEXURE A10 A TRUE COPY OF THE DIR 12 FORMS FILED BY THE 1ST PETITIONER.
ANNEXURE A11 TRUE COPIES OF THE REPORT OF THE INDEPENDENT CHAIRMAN AND THE ORDER OF COMPANY LAW BOARD. ANNEXURE A12 A TRUE COPY OF THE JUDGMENT DATED 14.06.2016 IN W.P.(C)38440/2015 OF THIS HON'BLE COURT. ANNEXURE A13 A TRUE COPY OF THE FIR NO.1119/2015 OF KADAVANTHRA POLICE STATION.
Crl.MC.No. 5781 of 2016 7RESPONDENT'S/S EXHIBITS:
NIL //TRUE COPY// P.A.TO JUDGE