IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 3^RD DAY OF MARCH 2025 / 12TH PHALGUNA, 1946 CRL.MC NO. 10940 OF 2024 CRIME NO.979/2022 OF Angamali Police Station, Ernakulam CMP NO.2080 OF 2022 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ANGAMALY PETITIONERS/ACCUSED NOS.1, 4 AND 5:

1 SHALI, AGED 47 YEARS W/O JOLI, KILIYELKKUDI HOUSE, CHULLI KARA, ANGAMALY PO, ERNAKULAM DISTRICT., PIN – 683572.

2 PRITHWIRAJ KUMAR, AGED 52 YEARS S/O NARAYANANKUTTY NAIR, MADAPPATTA HOUSE, KINAVALLOOR PO, PALAKKADU DISTRICT, PIN – 678612.

3 SINDHU, AGED 44 YEARS W/O THANKACHAN, NARIPPARA HOUSE, ILANJI KARA, MUTHOLAPURAM PO, ERNAKULAM DISTRICT., PIN – 686665.

BY ADVS.

P.B.MUHAMMED AJEESH RAIEEZ M ASHRAF SANDEEP V.G.

ATHIRA UTHAMAN RESPONDENTS/STATE & DE FACTO COMPLAINANT:

1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031.

2 THE STATION HOUSE OFFICER, ANGAMALY POLICE STATION, ERNAKULAM DISTRICT., PIN – 683572.

3 SREEJITH, AGED 34 YEARS S/O CHANDRASEKARAN NAIR, KANIYAMPARAMBIL HOUSE, VELIYANNOOR DESHAM, KOTTAYAM DISTRICT., PIN – 686634.

BY ADV M.A.AHAMMAD SAHEER SMT. PUSHPALATHA. M.K, SR.PP.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

03.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Petitioners are accused Nos.1, 4 and 5 in Crime No.979 of 2022 registered at the Angamaly Police Station, alleging commission of offences punishable under Sections 406, 420 and

120B of the Indian Penal Code.

2. The crime is registered on the allegation that the accused by assuring job in Israel, obtained an amount of Rs.6,00,000/- from the de facto complainant and cheated him.

3. Learned Counsel for the petitioners submits that the dispute, which led to the incident and registration of the crime is settled and Annexure A3 affidavit has been filed by the 3^rd respondent vouching this fact.

4. Learned Counsel for the 3^rd respondent also submitted that the dispute is settled and his client has no grievance against the petitioners.

5. I heard the learned Public Prosecutor also.

6. Having considered the gravity of the offences alleged and having perused the affidavit, the contents of which are vouched to be true and voluntary by the Counsel for the 3^rd respondent, I am satisfied that no public interest is involved in this matter and the dispute has been settled amicably. In view of the settlement arrived at between the parties, there is no possibility of the criminal proceedings ending in conviction. As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v State of Punjab [(2008) 4 SCC 582] and Gian Singh v State of Punjab and Another [(2012) 10 SCC 303], there is no impediment in granting the relief.

In the result, this Crl.M.C is allowed. Annexure A2 FIR in Crime No.979 of 2022 registered at the Angamaly Police Station and all further proceedings thereon, as against the petitioners, is quashed.

Sd/-

V.G.ARUN JUDGE Sru APPENDIX OF CRL.MC 10940/2024 PETITIONERS ANNEXURES Annexure A1 THE CERTIFIED COPY OF CMP NO. 2080 OF 2022 DATED 17.10.2022 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ANGAMALY Annexure A2 THE CERTIFIED COPY OF FIR NO. 979 OF 2022 DATED 17.10.2022 OF ANGAMALY POLICE STATION, ERNAKULAM DISTRICT Annexure A3 THE AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT DATED 12.12.2024