Kerala High Court
Dr.Victor J. Fernandes vs Sunny J. Fernandes on 21 December, 2016
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 21ST DAY OF DECEMBER 2016/30TH AGRAHAYANA, 1938
Crl.MC.No. 2793 of 2015 ()
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AGAINST OP 25/2008 of PRL.M.C.,NEYYATTINKARA
AGAINST CC 607/2011 of J.F.C.M-I,NEYYATINKARA
PETITIONERS/ACCUSED NO. 1 AND 2:
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1. DR.VICTOR J. FERNANDES
S/O.K.J.FERNANDES, VICTOR VILLA,
NADOOR KOLLA, KOLLAYIL VILLAGE,
AMARAVILA PO,
THIRUVANANTHAPURAM
2. N.BENSER
S/O.NELSON,
PUTHUKULANGARA VEEDU, KEZHKOLLA,
AMARAVILA PO,
THIRUVANANTHAPURAM
BY ADVS.SRI.S.MOHAMMED AL RAFI
SRI.P.VIJAYA BHANU (SR.)
RESPONDENTS/COMPLAINANT & STATE:
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1. SUNNY J. FERNANDES
S/O.FERNANDES, SAROVARAM,
ARSHA NAGAR 13, SANGEETHA JUNCTION,
KAVANAD PO, KOLLAM
2. STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM.
R1 BY ADV. SRI.BECHU KURIAN THOMAS (SR.)
R1 BY ADV. SRI.S.SREEDEV
R1 BY SRI.P.PRATHEESH
BY PUBLIC PROSECUTOR SRI.AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 21-
12-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2793 of 2015 ()
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APPENDIX
PETITIONER(S)' ANNEXURES
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ANNEXURE A: TRUE COPY OF THE WILL DTD.03.04.2008 EXECUTED BY THE
MOTHER OF THE 1ST PETITIONER AND 1ST RESPONDENT
ANNEXURE B: TRUE COPY OF THE RECEIPT DTD. 04.01.2008 ISSUED BY THE
1ST RESPONDENT
ANNEXURE C: TRUE COPY OF THE VAKALATH FILED BY THE 1ST PETITIONER AND
1ST RESPONDENT IN SUCCESSION OP.25/2008 BEFORE THE
MUNSIFF COURT, NEYYATTINKARA
ANNEXURE D: CERTIFIED COPY OF THE PRIVATE COMPLAINT IN CC.NO.607/2011
OF THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE I,
NEYYATTINAKRA
ANNEXURE E: CERTIFIED COPY OF THE PLAINT IN OS NO.298/10 ON THE FILE
OF SUB COURT, NEYYATTINKARA
ANNEXURE F: CERTIFIED COPY OF THE PLAINT IN OS NO.107/2013 OF MUNSIFF
COURT, NEYYATTINKARA
ANNEXURE G: CERTIFIED COPY OF THE FIR IN CRIME NO.1162/13 OF PARASALA
POLICE STATION
ANNEXURE H: CERTIFIED COPY OF THE REFER REPORT IN CRIME NO.1162/13 OF
PARASALA POLICCE STATION
RESPONDENT(S)' ANNEXURES
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ANNEXURE E: NOTARISED AFFIDAVIT DTD 2.12.2016 SWORN BY THE 1ST
RESPONDENT
/TRUE COPY/
VPS PS TO JUDGE
RAJA VIJAYARAGHAVAN.V, J
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Crl.M.C. No.2793 of 2015
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Dated this the 21st day of December, 2016
O R D E R
1.This petition is filed under S.482 of the Code of Criminal Procedure ( hereinafter referred to as the Code ) with a prayer to invoke the extraordinary inherent powers and to quash the pending criminal proceedings.
2.The petitioners herein are accused Nos.1 and 2 in C.C. No.607 of 2011 on the file of the Judicial Magistrate of First Class-I, Neyyattinkara. In the aforesaid case they face indictment under sections 468, 471, 474 and 420 read with 34 of the IPC.
3.The prosecution allegation is that the 1st petitioner herein filed a petition seeking for the issuance of a succession certificate with the assistance of the 2nd petitioner after forging the signature of the 1st respondent, who is the Crl.M.C. 2793/2015 2 brother of the 1st petitioner. According to the prosecution the same was done with intent to cheat and to cause pecuniary loss to the 1st respondent.
4.Heard the submissions advanced.
5.It is submitted that in the course of the proceedings the matter was referred to the Kerala High Court Mediation Centre and the parties being brothers decided to bury the hatchet. The memorandum of agreement has been executed evidencing the settlement. Affidavit is also sworn to by the 1st respondent before this Court wherein he asserts that he has no objection in allowing this petition and terminating the proceedings as against the petitioners.
6.I have considered the submissions .
7.In Gian singh v. State of Punjab (2012) 10 SCC 303 Apex Court has laid down that in appropriate cases, the High Court can take note of the amicable resolution of Crl.M.C. 2793/2015 3 disputes between the victim and the wrongdoer to put an end to the criminal proceedings. It was observed as follows :
"61. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings."
8.The aforesaid dictum stands reiterated by the Apex Court in Narinder singh v. State of Punjab. (2014) 6 SCC 466, the pertinent observations which are as under:
XXXXXXXXXXXX 29.2. When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure:
(i) ends of justice, or Crl.M.C. 2793/2015 4
(ii) to prevent abuse of the process of any court. While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives.
xxxxxxx xxxxxxx
9.The offence committed by the petitioners cannot be said to be grave and serious having ingredients of extreme mental depravity. It also does not appear that the offence in this case will have a serious impact on the society .It is felt that quashing of proceedings on account of compromise would bring about peace and secure the ends of justice. Even otherwise , persisting with the prosecution would be nothing but a waste of time as the prospects of conviction would be bleak.
10.Having considered all the relevant circumstances, I am of the considered view that this Court will be well justified in invoking its extra ordinary powers under Section 482 of the Code to quash the proceedings.
Crl.M.C. 2793/2015 5 In the result, this petition will stand allowed. All proceedings pursuant thereto against the petitioners in C.C. No.607 of 2011 on the file of the Judicial Magistrate of First Class-I, Neyyattinkara are quashed.
SD/-
RAJA VIJAYARAGHAVAN.V. JUDGE vps