Kerala High Court
Shijoy T.T vs Superintendent Of Police
Author: Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 14TH DAY OF NOVEMBER 2016/23RD KARTHIKA, 1938
WP(C).No. 21328 of 2015 (M)
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PETITIONER:
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SHIJOY T.T.
S/O TARUKKUTTY, THOLATH HOUSE, P.O.
CHALISSERY,PALAKKAD DISTRICT-679 536
BY ADVS.SRI.T.A.SHAJI (SR.)
SRI.V.VINCENT DIDACOSE
SRI.DARSAN SOMANATH
RESPONDENTS:
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1. SUPERINTENDENT OF POLICE
INDORE, (WEST), MADHYA PRADESH, -452 001
2. THE ASSISTANT SUB INDPECTOR OF POLICE
CENTRAL KOTWALI POLICE STATION, INDORE,
MADHYA PRADESH -452 001
3. STATE OF KERALA
REPRESENTED BY THE HOME SECRETARY,
GOVERNMENT SECRETARAIAT,
THIRUVANANTHAPURAM -695 001
4. SRI. PRATIPAL JI TONGYA
S/O RATANTONGYA, AGED 52,
GUMASTHA NAGAR POLICE STATION,
INDORE, MADHYA PRADESH-452 001
5. SRI. RATANAL JI TONGYA,
S/O RATAN TONGYA, AGED 55,
14/4 MALJHARAJ. , INDORE,
MADHYA PRADESH-452 001.
[CORRECTED] [NAME OF R5 IS CORRECTED AS 'SRI.SREEPAL
TONGYA' AS PER ORDER DATED 02/06/2016 IN IA.6295/16.]
6. THE STATION HOUSE OFFICER
CHALISSERY POLICE STATION,
PALAKKAD DISTRICT -679 536
R4 BY ADV. SRI.K.G.ANIL BABU
R BY SRI.K.I.ABDUL RASHEED,ADDL.D.G.OF PROSECUTION
R BY GOVERNMENT PLEADER, T.R.RENJITH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 21328 of 2015 (M)
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APPENDIX
PETITIONER'S EXHIBITS:
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EXT.P1: TRUE COPY OF THE FIRST INFORMATION STATEMENT, NO. 288/14
OF CENTRAL KOTWALI POLICE STATION, INDORE,
MADHYA PRADESH
EXT.P1(A): ENGLISH VERSION OF THE FIRST INFORMATION,
STATEMNT NO. 288/14 OF CENTRAL KOTWALI POLICE STATION,
INDORE, MADHYA PRADESH
EXT.P2: TRUE COPY OF THEARREST WARRANT DT. 20/2/15 ISSUED BY THE
JUDICIAL FIRST CLASS MAGISTRATE COURT, INDORE
RESPONDENT(S)' EXHIBITS
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//TRUE COPY//
PA TO JUDGE
RAJA VIJAYARAGHAVAN, V., J.
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W.P.(C). No.21328 of 2015
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Dated this the 14th day of November, 2016
J U D G M E N T
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1.On the basis of an oral complaint submitted by the 4th and 5th respondents before the Central Kotwali Police Station, Indore, Ext.P1 FIR was registered on 14.8.2014. Allegation is that the respondents 4 and 5, who were doing wholesale business in Masala and provisions had entered into an agreement with the petitioner herein for the supply of black pepper. A sum of Rs.33,60,000/- was entrusted with the petitioner for that purpose. However, the material was not supplied and the amount accepted was not returned. When Ext.P2 warrant of arrest was issued against the petitioner herein, the instant petition was filed seeking the following reliefs:
"i) declare that the petitioner is not liable to be prosecuted or proceeded against on the basis of Ext.P1, First Information Report.W.P.(C) No.21328/2015 -2-
ii) Issue appropriate order or direction calling for the records of the case and to quash the originals of Exhibits-P1 and P2 and all further proceedings in FIR No.288 of 2014 of Central Kotwali Police Station, Indore.
iii) Issue a writ of mandamus or any other order or direction, directing the 2nd respondent to drop all further proceedings in FIR No.288 of 2014 of Central Kotwali Police Station, Indore, as against the petitioner."
2.This Court, as per order dated 29.7.2015 had admitted this Writ Petition and had granted an interim stay, as prayed for. Later, the respondents 4 and 5 entered appearance through counsel. In the course of hearing, when it appeared that parties were prepared to iron out their disputes by mediation, they were referred to alternate dispute resolution methods. It was reported before Court that mediation proved successful and the disputes were amicably resolved.
3.The petitioner undertook to pay a sum of Rs.17,00,000/- to the respondents 4 and 5 in full and final settlement of all their claims. Out of the said amount, a sum of Rs.5,00,000/- was W.P.(C) No.21328/2015 -3- paid by way of Demand Draft on 29.6.2016 and it was agreed that the balance amount of Rs.12,00,000/- would be paid in three monthly installments. In compliance the balance amounts have been paid by the petitioner to the respondents 4 and 5 and memo to that effect has been filed in court.
4.After having received the full amount, a memo has been filed by the respondents 4 and 5 through their counsel stating that the disputes have been settled on mediation . They have also produced the letter submitted by them before the Central Kotwali Police Station, Indore reporting the settlement of the matter.
5.I have heard the learned Senior Counsel appearing for the petitioner, the learned counsel appearing for the respondents 4 and 5 and also the learned Public Prosecutor.
6.Taking note of the settlement arrived at between the parties and in view of the decision of the Apex Court in Naveen Chandra and Majeedia v. State of Maharashtra [AIR 2000 SC 2966], I am of the view that the settlement arrived at by W.P.(C) No.21328/2015 -4- the parties can be taken note of by this Court. The undertaking of the learned counsel appearing for the respondents 4 and 5 that they do not intend to pursue the prosecution proceedings against the petitioner herein is also recorded. The Station Officer in charge of the Central Kotwali Police Station, Indore shall take note of the settlement arrived at between the parties and shall take steps to close the proceedings in FIR No.288 of 2014 pending on its registers. In view of the settlement arrived at between the parties, the interim order issued by this Court is made absolute.
Writ Petition is disposed of as above.
RAJA VIJAYARAGHAVAN, V. JUDGE Ps/14/11/16