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2022 Supreme(Online)(KER) 12712
HIGH COURT OF KERALA
RMP INFO TEC PVT LTD. COMPANY, – Appellant
Versus
STATE OF KERALA, – Respondent
Crl.MC/5622/2021
K.P.SATHEESAN (SR.), P.MOHANDAS (ERNAKULAM), K.SUDHINKUMAR, S.K.ADHITHYAN, SABU PULLAN, GOKUL D. SUDHAKARAN
A court may quash proceedings when the parties settle their disputes, provided the prosecution consents.
Headnote:
Criminal - Quashing of Proceedings - IPC Section 420, Prize Chits and Money Circulation Scheme (Banning) Act - Summary
Fact of the Case:
Petitioners were accused of enrolling a complainant in a fraudulent network scheme under IPC Section 420. The complainant alleged fraud after paying a fee for promised products and dividends. Investigations revealed violations of additional provisions under the Prize Chits and Money Circulation Scheme (Banning) Act.
Finding of the Court:
The court found that the matter was settled between the petitioners and the complainants, confirmed by affidavits from involved parties, and deemed further legal proceedings unnecessary.
Issues: Whether to quash the ongoing proceedings against the petitioners based on the settlement between the parties?
Ratio Decidendi: The court emphasized that when both parties reach a settlement, and the prosecutor agrees, it may serve the interest of justice to quash the proceedings.
Final Decision: Proceedings in CBCID Crime No.475/2011 are quashed.
ORDER
Petitioners are the accused 1 to 6, 9 to 23, 25 to 40 in Crime No.192/2011 of Ambalavayal police station, now re-registered as CBCID crime No.475/2011 of CBCID, Kozhikode pending before the Judicial Magistrate's Court, Kalpetta. The crime was originally registered on the complaint preferred by the 4th respondent alleging offence under Section 420 read with 34 of the IPC . It is alleged that the accused persons had enrolled the defacto complainant in the RMP network after collecting Rs.5,490/-, offering that he will be given products worth the amount paid by him after making him believe that he will get huge dividend through the network.
2. During the course of investigation, it came out that offences under Sections 3 , 4, 5 and 6 of the Prize Chits and Money Circulation Scheme (Banning) Act also are invoked and that the investigation is in progress. Now stating that the entire dispute is settled with the defacto complainant and other affected persons, they have moved this Court for quashing the proceedings under Section 482 of the Cr.P.C.
3. I heard the learned counsel for the petitioners, the learned Senior Public Prosecutor and the learned counsel for the
3rd respondent as well as the additional respondents.
4. Additional respondents 4 to 11 were impleaded today as directed by the Court on finding that they are also victims of fraud allegedly committed by the petitioners.
5. It is submitted that accused Nos.7, 8 and 24 are no more. The report of the Investigating Officer shows that on conclusion of investigation, charge sheet was already laid. But the Chief Judicial Magistrate returned the same pointing out certain discrepancies. Meanwhile, the matter is settled. The affidavits filed by the 3rd respondent as well as the additional respondents indicate that the matter is settled and they do not want to pursue the proceedings. This has been confirmed by the learned Senior Public Prosecutor and the learned counsel for the respondents 3 to 11.
In the circumstances, there is no point in continuing the proceedings; all further proceedings in CBCID Crime No.475/2011 of CBCID, Kozhikode are quashed.
Crl.M.C is allowed as above.
Sd/- K.HARIPAL JUDGE
Annexure II CERTIFIED COPY OF THE ADDITIONAL REPORT FILED BY THE 2ND RESPONDENT DATED 22/01/2014.
Annexure III AFFIDAVIT SWORN BY THE 3RD RESPONDENT ATTESTED BY THE NOTARY PUBLIC DATED
10/04/2017.
Annexure IV AFFIDAVIT SWORN BY THE ADDITIONAL 4TH RESPONDENT ATTESTED BY THE NOTARY PUBLIC DATED 15.07.2019 Annexure V AFFIDAVIT SWORN BY THE ADDITIONAL 5TH RESPONDENT ATTESTED BY THE NOTARY PUBLIC DATED 10.04.2017.
Annexure VI AFFIDAVIT SWORN BY THE ADDITIONAL 6TH RESPONDENT ATTESTED BY THE NOTARY PUBLIC DATED 24.01.2022.
Annexure VII AFFIDAVIT SWORN BY THE ADDITIONAL 7TH RESPONDENT ATTESTED BY THE NOTARY PUBLIC DATED 24.01.2022.
Annexure VII AFFIDAVIT SWORN BY THE ADDITIONAL 8TH RESPONDENT ATTESTED BY THE NOTARY PUBLIC DATED 10.04.2017.
Annexure IX AFFIDAVIT SWORN BY THE ADDITIONAL 9TH RESPONDENT ATTESTED BY THE NOTARY PUBLIC DATED 11.04.2017.
Annexure X AFFIDAVIT SWORN BY THE ADDITIONAL 10TH RESPONDENT ATTESTED BY THE NOTARY PUBLIC DATED 08.09.2017.
Annexure XI AFFIDAVIT SWORN BY THE ADDITIONAL 11TH RESPONDENT ATTESTED BY THE NOTARY PUBLIC DATED11.04.2017.
