Kerala High Court
Elsy Abraham vs State Of Kerala on 28 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
CRL.MC NO. 5221 OF 2020
AGAINST CRIME NO.2706/2020 OF KOLLAM POLICE STATION, KOLLAM
PETITIONER/ACCUSED NO.3:
JOSEPH ANTONY
AGED 47 YEARS
S/O.P.J. ABRAHAM, PUTHAMPARAMBIL HOUSE,
PADAMUGAL P.O. KAKKANAD, ERNAKULAM 682 030.
BY ADVS.
S.S.ARAVIND
SRI.VISHAK.K.JOHNSON
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA ERNAKULAM, 682 031.
2 ABDUL SALAM,
S/O. KOCHUKUNJU, VENGAMURIYIL KODIYIL VEETTIL,
SASTHAMKOTTA VILLAGE, KOLLAM DISTRICT, PIN 690 521.
BY ADVS.
SRI.T.MADHU
SMT.C.R.SARADAMANI
ADV. C. S. HRITHWIK -SR.P.P
ADV. SUDHEER GOPALAKRISHNAN - PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
28.06.2022, ALONG WITH Crl.MC.5199/2020, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
CRL.MC NO. 5221 OF 2020 &
CRL.MC NO. 5199 OF 2020
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
CRL.MC NO. 5199 OF 2020
CRIME NO.2706/2020 OF KOLLAM EAST POLICE STATION, KOLLAM
DISTRICT
PETITIONER/ACCUSED NO.4:
ELSY ABRAHAM
AGED 74 YEARS
W/O. P.J. ABRAHAM, PUTHAMPARAMBIL HOUSE,
PADAMUGAL P.O, KAKKANAD, ERNAKULAM, PIN-682 030
BY ADVS.
S.S.ARAVIND
SRI.VISHAK.K.JOHNSON
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031
2 ABDUL SALAM,
S/O. KOCHUKUNJU, VENGAMURIYIL KODIYIL VEETTIL,
SASTHAMKOTTA VILLAGE, KOLLAM DISTRICT, PIN-
690521
BY ADVS.
SRI.SUDHEER GOPALAKRISHNAN - PUBLIC PROSECUTOR
SRI.T.MADHU
SMT.C.R.SARADAMANI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 28.06.2022, ALONG WITH Crl.MC.5221/2020, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 5221 OF 2020 &
CRL.MC NO. 5199 OF 2020
3
ORDER
[Crl.MC Nos.5221/2020, 5199/2020] The petitioners in these Crl.M.C.s are the accused Nos.3 and 4 in Crime No.2706/2020 Kollam East Police Station which was registered for the offences punishable under Sections 409, 417, 420, 465, 468, 471 read with Section 34 of Indian Penal Code.
2. The prosecution case is that the 1 st and 2nd accused, along with the 5th accused, approached the 2nd respondent/defacto complainant and promised to arrange a loan at a lower interest rate to establish a new jewellery at Rajapalayam, Tamil Nadu. The specific offer was that they would arrange a loan to the tune of Rs.10 crores at lower interest on payment of 3% commission. By making the defacto complainant believe that such a loan would be arranged, the accused persons collected an amount of Rs.1.25 crores from the defacto complainant. As per the prosecution case, the role assigned to the petitioners herein is that, to avail of the loan facility, the properties of these petitioners were mortgaged, and certain amounts are seen to have been transferred to their accounts CRL.MC NO. 5221 OF 2020 & CRL.MC NO. 5199 OF 2020 4 by the 1st accused. Later, accused Nos.1 and 2 failed to arrange the loan as offered, and the amount was also misappropriated. The complaint was submitted by the defacto complainant in such circumstances, resulting in the registration of Annexure 1 First Information Report.
3. These Crl.M.Cs. are filed in such circumstances praying for quashing all further proceedings pursuant to Annexure 1 First Information Report against the said petitioners. Crl.M.C. No.5221/2020 was filed by the 3rd accused, whereas Crl. M.C. No.5199/2020 was filed by the 4th accused.
4. Heard Sri.S.Rajeev, learned counsel appearing for the petitioners in both these Crl.M.Cs., Sri.Sudheer Gopalakrishnan, learned Public Prosecutor appearing for State, and Sri.T.Madhu, the learned counsel appearing for the 2nd respondent/defacto complainant in both these cases.
5. Even though the petitioners filed these Crl.M.Cs. for quashing the proceedings on merits, during the pendency of these Crl.M.Cs. the parties have arrived at a settlement. To substantiate CRL.MC NO. 5221 OF 2020 & CRL.MC NO. 5199 OF 2020 5 the aforesaid settlement, the 2nd respondent produced Annexure R2(a) affidavits in both these Crl.M.Cs. wherein the terms of the settlement have been expressly set out. It is mentioned that the defacto complainant had agreed to settle the dispute between the petitioners herein on payment of Rs.50 lakhs. As part of the settlement, they have already received an amount of Rs.5 lakh today. It is stated by the 2nd respondent/defacto complainant that they have no objection in quashing the proceedings against the petitioners herein. The learned counsel for the 2 nd respondent confirms the settlement above. The learned Public Prosecutor upon instructions submits that the veracity of the settlement above has been verified through the Station House Officer, and as part of the enquiry, a signed statement of defacto complainant has been recorded. In the said statement also, the defacto complainant reiterated the aforesaid settlement. The dispute involved is private in nature, and no public interest is involved; hence, the proceedings can be quashed based on settlement.
Accordingly, this Crl.M.C. is allowed. Annexure- 1 First CRL.MC NO. 5221 OF 2020 & CRL.MC NO. 5199 OF 2020 6 Information Report in Crime No.2706/2020 of Kollam East Police Station, Kollam and all further proceedings pursuant thereto as against the petitioners who are the accused Nos.3 and 4, are hereby quashed.
Sd/-
ZIYAD RAHMAN A.A. JUDGE scs CRL.MC NO. 5221 OF 2020 & CRL.MC NO. 5199 OF 2020 7 APPENDIX OF CRL.MC 5199/2020 PETITIONER ANNEXURES ANNEXURE 1 TRUE COPY OF FIR NO. 2706/2020 DATED 08.08.2020 OF KOLLAM EAST POLICE STATION.
ANNEXURE 2 TRUE COPY OF COMPLAINT DATED 8.8.2020 FILED BY THE 2ND RESPONDENT BEFORE THE SHO KOLLAM EAST POLICE STATION.
ANNEXURE 3 TRUE COPY OF ACCOUNT STATEMENT (ACCOUNT NO. 52209073374 OF STATE BANK OF INDIA) OF THE PETITIONER.
ANNEXURE 4 TRUE COPY OF ACCOUNT STATEMENT ACCOUNT NO. 52209073374 OF STATE BANK OF INDIA OF THE PETITIONER.
RESPONDENT ANNEXURE ANNEXURE R2(A) THE AFFIDAVIT DATED 30.03.2021 SWORN BY THE DEFACTO COMPLAINANT CRL.MC NO. 5221 OF 2020 & CRL.MC NO. 5199 OF 2020 8 APPENDIX OF CRL.MC 5221/2020 PETITIONER ANNEXURES ANNEXURE 1 TRUE COPY OF FIR NO. 2706/2020 DATED 08/08/2020 OF KOLLAM EAT POLICE STATION.
ANNEXURE 2 TRUE COPY OF COMPLAINT DATED 8.8.2012 FILED BY THE 2ND RESPONDENT BEFORE THE SHO KOLLAM EAST POLICE STATION.
ANNEXURE 3 TRUE COPY OF ACCOUNT STATEMENT ACCOUNT NO. 52209073374 OF STATE BANK OF INDIA OF THE MOTHER OF THE PETITIONER.
ANNEXURE 4 TRUE COPY OF ACCOUNT STATEMENT ACCOUNT NO. 52209072961 OF STATE BANK OF INDIA OF THE PETITIONER.
RESPONDENT ANNEXURE ANNEXURE R2(A) THE AFFIDAVIT DATED 30.03.2021 SWORN BY THE DEFACTO COMPLAINANT