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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SOMASEKHARAN NAIR – Appellant
Versus
SHIFY VARGHESE – Respondent
| Table of Content |
|---|
| 1. grounds for quashing fir under ipc and emigration act. (Para 1) |
| 2. settlement between parties discussed but does not eliminate prosecution. (Para 2 , 4) |
| 3. court's discretion on fir quashing affirmed with guidelines for trial proceedings. (Para 5) |
O R D E R
The Criminal Miscellaneous Case is filed to quash Annexure A1 FIR in Crime No.1669 of 2019 registered by the Aluva Police Station, Ernakulam alleging the commission of the offences punishable under Sections 417, 420, 458 and 468 read with Section 34 of the Indian Penal Code and Sections 10 , 24 and 26 of the Emigration Act, 1983 .
2. The petitioners have stated in the Crl.M.C. that the dispute that led to the registration of the crime has been amicably settled between them and the respondents 1 to 4, who have executed Annexures A2 to A5 affidavits. 3. I have heard the learned counsel for the petitioners, the learned Public Prosecutor and the learned counsel for respondents 1 to 4.
4. The learned Public Prosecutor submits that, since the offences under the Emigration Act have been incorporated, the proceedings cannot be quashed in view of the settlement arrived at between the petitioners and the respondents 1 to 4
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