Amicable settlement does not negate prosecution under Emigration Act; FIR cannot be quashed.

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. Furthermore, the investigation in the case is complete and the final report has been laid before the Court of the Judicial Magistrate of First Class, Aluva ('Trial Court', in short). The case has been numbered as C.C.No.636 of 2022.

5. I find that there is sufficient force in the submission of the learned Public Prosecutor that the FIR cannot be quashed on the basis of the settlement arrived at between the petitioners and the party respondents in view of the fact that the offences under the Emigration Act are incorporated. Moreover, the final report has also been filed.

In the aforesaid circumstances, I dismiss the Crl.M.C., but by reserving the right of the petitioners to either challenge the final report or file an application for discharge before the Trial Court, provided the charge has not been framed till date. If such an application is filed, the Trial Court is directed to consider and dispose the application in accordance with law, untramelled by any observations in this order.

Sd/-