IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL MONDAY, THE 7^TH DAY OF MARCH 2022 / 16TH PHALGUNA, 1943 CRL.MC NO. 600 OF 2022 (TO QUASH FIR IN CRIME NO.2/2021 OF CYBER CRIME POLICE STATION, KASARGOD FOR OFFENCES UNDER SECTIONS 420 OF IPC AND 66D OF IT ACT

2008)

PETITIONERS/ACCUSED NO. 1 & 2:

1 ARVAZ KHAN AGED 31 YEARS, S/O BABU KHAN, CHHIPIVADA, HAPUR, PILKHUA DEHAT,PILKHAUWA P.O, GHAZIABAD, UTTAR PRADESH, PIN - 245 304., PIN - 245304

2 WAJID KHAN AGED 31 YEARS S/O SHAFEEQ AHAMAD, NEW SHIVAJI NAGAR, PILKHUA DEHAT, GHAZIABAD, PILKHAUWA P.O, UTTAR PRADESH., PIN - 245304 BY ADVS.

P.T.SHEEJISH A.ABDUL RAHMAN deepak kumar RESPONDENTS/STATE & DEFACTO COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY GOVERNMENT PLEADER, HIGH COURT OF KERALA, ERNAKULAM - 682031., PIN - 682031

2 SANTHOSH KUMAR.M, AGED 33 YEARS S/O MAHALINGA NAIKA, KALLAGADASARAMOOLE HOUSE, NETTANIGE, KINNINAGAR, KASARGOD DISTRICT, PIN - 671 543, CURRENTLY RESIDING AT SAUDI ARABIA, HOUFUF, AL HASSA, SAUDI ARABIA; REPRESENTED BY POWER OF ATTORNEY: DEEPTHI C S, AGED 30 YEARS, W/O SANTHOSH KUMAR M, D/O SHIVAPPA NAIK, RESIDING AT KALLAGADASARAMOOLE HOUSE, NETTANIGE, KINNINGAR P.O, KASARGOD DISTRICT, PIN - 671 543. (ADDRESS AS IN AADHAR CARD - CHANDRAMBAIL HOUSE, ADOOR VILLAGE, URDOOR P.O, MULLERIA, KASARGOD DISTRICT, PIN - 671 543.)

SR.PP - SMT. SREEJA V.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

07.03.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Petitioners are the accused in Crime No.02/2021 of Cyber Crime police station, Kasaragod which was registered on the information furnished by the 2^nd respondent alleging offence under Section 420 of the IPC and Section 66D of the Information Technology Act. The short allegation against the accused, three in number, in the FIR are that on different dates starting from 18.01.2021, accused persons had contacted the defacto complainant in his mobile No.8139070195 and offered employment in Tuas Power company in Singapore and by offering employment, collected an amount of Rs.7,80,000/- in different instalments. Ultimately, neither the amount was repaid nor employment was arranged. Thus the crime was registered and is now under investigation. The name of the petitioners are not in the FIR, whereas three other persons are shown as the accused. The learned counsel for the petitioner submits that the matter is settled and therefore, entire proceedings are sought to be quashed under Section 482 of the Cr.P.C.

2. I heard the learned counsel for the petitioners and also the learned Senior Public Prosecutor, who has stated that the matter is settled.

3. During course of investigation, it came out that petitioners were the accused and thus their names have been incorporated after deleting the names of the accused persons in the FIR. Now the case is settled and the defacto complainant does not want to pursue the proceedings. The power of attorney holder of the defacto complainant, who is his wife has filed an affidavit stating that the case is settled and they do not want to pursue the proceedings. A copy of the agreement executed between the parties also is produced.

In the light of the same, entire proceedings in Crime No.02/2021 of Cyber Crime police station, Kasaragod are quashed.

Crl.M.C is allowed as above.

Sd/-

K.HARIPAL JUDGE Jms/07.03 //True Copy// P.A to Judge APPENDIX OF CRL.MC 600/2022 PETITIONER ANNEXURES Annexure1 CERTIFIED COPY OF THE FIR AND FIS IN CRIME NO. 2/2021 OF CYBER CRIME POLICE STATION, KASARGOD.

Annexure2 TRUE COPY OF THE SETTLEMENT AGREEMENT DATED

21.01.2022.

Annexure3 NOTARIZED COPY OF THE POWER OF ATTORNEY EXECUTE BY THE PETITIONER IN FAVOUR OF HIS WIFE.

Annexure4 NOTARIZED AFFIDAVIT SOLEMNLY AFFIRMED BY THE POWER OF ATTORNEY HOLDER OF THE 2ND RESPONDENT/DE-FACTO COMPLAINANT DATED

21.01.2022