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2023 Supreme(Ker) 709

K. BABU
Johnson Stephen – Appellant
Versus
Chinchumol – Respondent


Advocates:
Advocate Appeared:
For the Appellant : PRABHU K.N., MANUMON A.
For the Respondent: G SUDHEER GP,,KK DHEERENDRA KRISNAN AMICUS CURIAE

ORDER :

The accused in C.C.No.755 of 2022 on the file of the Judicial First Class Magistrate’s Court-I, Perumbavoor seeks to quash the final report and all further proceedings.

2. The petitioner faces charges under Sections 406 and 420 of IPC. The prosecution case is that the petitioner, on a false promise to arrange a job visa to Australia, collected Rs.6,10,000/-from respondent No.1, the de facto complainant. It is alleged that the petitioner obtained wrongful gain, causing wrongful loss to the victim.

3. The petitioner pleaded the following:-

Based on the first information given by the victim, Perumbavoor Police registered Crime No.967/2022. During the stage of investigation, the petitioner and the victim settled their disputes. The victim submitted a petition seeking composition of the offences along with an application seeking leave of the Court to permit her to compound the offences. The victim filed a statement before the Investigating Officer that she had settled the dispute and did not intend to prosecute the offence. The learned Magistrate sought a report from the Investigating Officer. As per Annexure-A5 dated 31.10.2022, the Investigating Officer informed the learned Magist

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