IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 2^ND DAY OF APRIL 2024 / 13TH CHAITHRA, 1946 CRL.MC NO. 7271 OF 2019 CRIME NO.3818/2017 OF Pathanamthitta Police Station, Pathanamthitta AGAINST THE ORDER/JUDGMENT DATED IN CC NO.62 OF 2019 OF CHIEF JUDICIAL MAGISTRATE PATHANAMTHITTA PETITIONERS:

1 LESLEY DANIEL AGED 60 YEARS S/O. M. T. DANIEL, KODINJINAL, MYLAPRA TOWN P. O., MYLAPRA VILLAGE, KONNI, PATHANAMTHITTA DISTRICT.

2 STANLEY DANIEL AGED 55 YEARS S/O. M. T. DANIEL, KODINJINAL, MYLAPRA TOWN P. O., MYLAPRA VILLAGE, KONNI, PATHANAMTHITTA DISTRICT.

3 SANTHEN DANIEL AGED 55 YEARS W/O. LESLY DANIEL, KODINJINAL, MYLAPRA TOWN P. O., MYLAPRA VILLAGE, KONNI, PATHANAMTHITTA DISTRICT.

BY ADVS. S.RAJEEV K.K.DHEERENDRAKRISHNAN V.VINAY D.FEROZE RESPONDENTS:

1 STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031. (CRIME NO.3818/2017 OF PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA DISTRICT)

2 SHERLEY GEORGE AGED 64 YEARS W/O. GEORGE, VALEL VEEDU, KALATHIL PADI, VIJAYAPURAM, KOTTAYAM, KERALA - 686001.

BY ADVS.

ARUN SAMUEL JITHIN BABU A(K/000674/2015)

OTHER PRESENT:

SRI. ASHI M.C. (PP)

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BECHU KURIAN THOMAS, J. -----------------------------------------

Crl.M.C. No. 7271 of 2019 ----------------------------------------

Dated this the 2nd day of April, 2024 ORDER Petitioners have invoked the jurisdiction under Section

482 of Code of Criminal Procedure, 1973 to quash all proceedings against them.

2. Petitioners are the accused in C.C. No. 62 of 2019 on the files of the Chief Judicial Magistrate Court, Pathanamthitta, arising out of Crime No. 3818 of 2017 of Pathanamthitta Police Station, registered for the offences under Section 420 r/w Section 34 of the Indian Penal Code, 1860. Second respondent is the defacto complainant.

3. According to the prosecution, the accused had on

23-11-2017 cheated the defacto complainant by inducing to deposit an amount of Rs.25 Lakhs/- in the share market and thereafter failed to return the amount and thereby committed the offences alleged.

4. Heard the learned counsel for the petitioners and the learned counsel for the respondent, apart from the learned Public Prosecutor.

5. The learned counsel for the petitioners submitted that the matter has been settled and hence the proceedings against the petitioners ought to be quashed. It was also submitted that, considering the nature of offences alleged, no purpose would be served by continuing the proceedings. 6. In Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303], the Apex Court has held that in appropriate cases, the High Court can take note of the amicable resolution of disputes between the victim and the wrongdoer to put an end to the criminal proceedings. This view was reiterated in Narinder Singh and Others v. State of Punjab and Another [(2014) 6 SCC 466] and Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653].

7. I have perused Annexure VI affidavit filed by the 2nd respondent. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavit is genuine, and the defacto complainant stands by the contents thereof. I am satisfied that the matter has been settled and no public interest is involved in this case. There is no impediment for granting the prayer for quashing. The continuance of the proceedings will only be an exercise in futility.

8. Accordingly, all proceedings against the petitioners in C.C. No. 62 of 2019 on the files of the Chief Judicial Magistrate Court, Pathanamthitta are quashed.

This Crl.M.C is allowed as above.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM APPENDIX OF CRL.MC 7271/2019 PETITIONER ANNEXURES Annexure-VI THE NOTARIZED COPY OF THE AFFIDAVIT DATED 27.10.2023 SIGNED BY THE 2ND RESPONDENT ANNEXURE - I TRUE COPY OF THE FIR IN CRIME NO.3818/2017 OF PATHANAMTHITTA POLICE STATION ALONG WITH FI