Ansar vs State Of Kerala

Ziyad Rahman A.A., J

The petitioner is the accused No.1 in Crime No.264 of 2008 of Vellayil Police Station, which is now pending as L.P.No.9 of 2014 before the Judicial First Class Magistrate Court-IV, Kozhikode. The aforesaid crime was registered alleging offences punishable under Section 420 of Indian Penal Code on the basis of a private complaint submitted by the 1st respondent herein.

The prosecution case is that the accused persons in furtherance of their common intention had induced the the 1st respondent/de facto complainant to deliver an amount of Rs.1,00,000/- (Rupees one lakh only) by promising him to give visa and they later failed to do so. Annexure-1 is the final report. The accused Nos.2 and 3 have faced trial as C.C.No.45 of 2009 and it culminated in Annexure-2 judgment by which the Judicial First Class Magistrate Court-IV, Kozhikode acquitted all of them. This Crl.M.C. is filed for quashing all further proceedings pursuant thereto.

Heard Sri.Zubair Pulikkool, learned counsel for the petitioner, Sri.C.S.Hrithwik, learned Public Prosecutor for the State and Sri.Salmanul Fasil O.P, learned counsel for the 1st respondent.

Prayer for quashing the proceedings is sought mainly on the ground that the dispute between the parties has been settled. Annexure-3 affidavit sworn by the 1st respondent/de facto complainant is filed along with this Crl.M.C. to substantiate the settlement. In the said affidavit, the 1st respondent/de facto complainant had specifically acknowledged the aforesaid settlement and also conveyed the no-objection to quash the proceedings against the petitioners herein. The learned counsel appearing for the 1st respondent/de facto complainant also confirms the same. The learned Public Prosecutor, upon instructions, submitted that the Station House Officer concerned has verified the veracity of the same and found it to be genuine.

The allegations would reveal that the dispute is purely private in nature. In such circumstances, by applying the principles laid down by the Honourable Supreme Court in Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303], proceedings can be quashed by invoking the powers of this Court under Section 482 Cr.P.C. This is particularly because, on account of the settlement, no fruitful purpose would be served by allowing the prosecution to continue.

Taking into account the settlement and also the fact that all the other accused were acquitted as per Annexure-2 judgment, I do not find any reason to allow the continuation of prosecution against the petitioner.

In the result, this Crl.M.C. is allowed, and Annexure-A1 final report submitted in Crime No.264 of 2008 of Vellayil Police Station and all further proceedings in C.C.No.45 of 2009 on the file of the Judicial First Class Magistrate Court-IV Kozhikode, against the petitioner are hereby quashed.