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High CourtsSingle Bench(2023) 12 KL CK 0158

Aji Antony vs State Of Kerala

High Court Of Kerala · Decided on 18 December 2023

HON’BLE JUDGES
Gopinath P., J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 9735 Of 2023

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Judgment

6 paragraphs · 354 words

Gopinath P., J

1.

Petitioner is the sole accused in Crime No.545 of 2023 of Njarakkal Police Station, Ernakulam District. The petitioner faces allegations of having committed the offence punishable under Sections 465, 467, 468, 471 and 420 of the Indian Penal Code.

2.

The learned counsel appearing for the petitioner would submit that all issues between the petitioner and the 2nd respondent have been settled. It is submitted that the allegation against the petitioner is that the petitioner with an intention to cheat the 2nd respondent (mother of the petitioner) fraudulently obtained certain property owned by her without her consent and a settlement deed was registered. The learned counsel would submit that all issues between the petitioner and the 2nd respondent have been settled and they do not wish to continue with the prosecution in any manner.

3.

The learned Public Prosecutor and the learned counsel appearing for the 2nd respondent would confirm that all issues between the petitioner and the 2nd respondent have been settled and they do not wish to continue with the prosecution in any manner.

4.

Having heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel for the 2nd respondent, I am of the view that the proceedings against the petitioner can be terminated in exercise of the jurisdiction vested in this Court under Section 482 of Cr.P.C. No public interest will be served by continuing with the proceedings against the petitioner. The nature of the offences does not compel me to hold that the proceedings cannot be quashed on the ground of settlement. Keeping the principles laid down by the Supreme Court in Gian Singh v. State of Punjab and Another; [(2012) 10 SCC 303)], and State of Madhya Pradesh v. Laxmi Narayan and Others; [(2019) 5 SCC 688], I am of the view that considering the nature of the offences alleged against the petitioner the proceedings can be quashed on the basis of settlement.

Accordingly, this Crl.M.C is allowed and all further proceedings in Crime No.545 of 2023 of Njarakkal Police Station, Ernakulam District, will stand quashed as against the petitioner.