BABU K M v. STATE OF KERALA

STATE OF KERALA REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 USHA PONNAN AGED 57 YEARS W/O PONNAN, NEELANGATTU THUNDI, KANIYAMPUZHA, VYTILA ERNAKULAM, PIN - 682019 BY ADV K.S.SREEREKHA SMT. SREEJA V., PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

05.04.2024, ALONG WITH Crl.MC.2194/2024, 3076/2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC Nos.1769/2024, 2194/2024, 3076/2024 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946 CRL.MC NO. 2194 OF 2024 CRIME NO.3581/2023 OF Ernakulam Central Police Station, PETITIONER/ ACCUSED NO.3 : Ernakulam JANCY AGED 46 YEARS D/O. VARGHEESE, 31/1223, PUTHENVEETTIL HOUSE, S.H.LANE, VYTTILA, ERNAKULAM, PIN – 682 019 BY ADVS. V.R.GOPU URMILA.M.G RESPONDENT/ STATE & COMPLAINANT : 1 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031 USHA PONNAN W/O.PONNAN, NEELANGATTUTHUNDI, KANIYAMPUZHA, VYTTILA, ERNAKULAM, PIN – 682 019 BY SRI.NOUSHAD K.A., PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

05.04.2024, ALONG WITH Crl.MC.1769/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC Nos.1769/2024, 2194/2024, 3076/2024 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946 CRL.MC NO. 3076 OF 2024 CRIME NO.3581/2023 OF Ernakulam Central Police Station, PETITIONER : Ernakulam ALL FOR CHITS PVT LTD REPRESENTED BY ITS M D KALATHIPARAMBIL MICHAEL BABU (BABU K M) AGED 56 YEARS B5 SAYEED COMPLEX, DOOR NO. 409/175, DORALSWAMY IYER ROAD, ERNAKULAM, PIN – 682 027 BY ADV E.A.BIJUMON RESPONDENT/ COMPLAINANT : 1 2 STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682301 USHA PONNAN AGED 57 YEARS W/O PONNAN, NEELANGATTU THUNDI, KANIYAMPUZHA, VYTILA ERNAKULAM, PIN – 682 019 BY ADVS. K.S.SREEREKHA T.R.HARI KRISHNAN(K/314/2016) SRI. NOUSHAD K. A., PUBLIC PROSECUTOR Crl.MC Nos.1769/2024, 2194/2024, 3076/2024 4 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

05.04.2024, ALONG WITH Crl.MC.1769/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC Nos.1769/2024, 2194/2024, 3076/2024 5 BECHU KURIAN THOMAS, J. ====================== Crl.M.C.Nos.1769 of 2024, 2194 of 2024 & 3076 of 2024 ====================== Dated this the 5th day of April, 2024 ORDER Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.

2. Petitioner in Crl.M.C.No.1769 of 2024 is the 2nd accused and petitioner in Crl.M.C.No.2194 of 2024 is the 3rd accused while petitioner in Crl.M.C.No.3076 of 2024 is the first accused in Crime No.3581 of 2023 of Ernakulam Central Police Station alleging offences under Sections 403, 406 and 420 r/w Section 34 of the Indian Penal Code, 1860. The 2nd respondent is the defacto complainant.

3. According to the prosecution, the accused, who is conducting a Chitty Company by name 'All For Chit Pvt. Ltd.' committed criminal breach of trust and cheating by collecting amount from the accused and failing to return the money when requested and thereby committed the offences alleged.

4. Heard the learned counsel for the petitioners and the learned counsel for the respondent, apart from the learned Public Prosecutor. Crl.MC Nos.1769/2024, 2194/2024, 3076/2024 6

5. The learned counsel for the petitioners submitted that the matter has been settled and hence the proceedings against the petitioners ought to be quashed. It was also submitted that, considering the nature of offences alleged, no purpose would be served by continuing the proceedings.

6. In Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303], the Apex Court has held that in appropriate cases, the High Court can take note of the amicable resolution of disputes between the victim and the wrongdoer to put an end to the criminal proceedings. This view was reiterated in Narinder Singh and Others v. State of Punjab and Another [(2014) 6 SCC 466] and Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653].

7. I have perused Annexure A3 affidavit filed by the 2nd respondent in Crl.M.C.No.1769 of 2024 which is applicable to the petitioner in Crl.M.C.No.2194 of 2024 and Crl.M.C.No.3076 of 2024 as well. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavit is genuine, and the defacto complainant stands by the contents thereof. I am satisfied that the matter has been settled and no public interest is involved in this case. There is no impediment for granting the prayer for quashing. The continuance of the proceedings will only be an exercise in futility.

8. Accordingly, all proceedings against the petitioners in Crime Crl.MC Nos.1769/2024, 2194/2024, 3076/2024 7 No.3581 of 2023 of Ernakulam Central Police Station are quashed. These Crl.M.Cs are allowed as above. RKM Sd/- BECHU KURIAN THOMAS, JUDGE Crl.MC Nos.1769/2024, 2194/2024, 3076/2024 8 APPENDIX OF CRL.MC 1769/2024 PETITIONER'S ANNEXURES : Annexure A1 Annexure A2 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 3581/2023 OF CENTRAL POLICE STATION, ERNAKULAM DATED 16.11.2023. TRUE COPY OF THE COMMON ORDER IN BAIL APPL. NOS.10616, 10618 AND 11646 OF 2023 DATED 29.01.2024. Annexure A3 AFFIDAVIT GIVEN BY THE 2ND RESPONDENT/COMPLAINANT. Crl.MC Nos.1769/2024, 2194/2024, 3076/2024 9 APPENDIX OF CRL.MC 2194/2024 PETITIONER'S ANNEXURES : Annexure 1 THE TRUE COPY OF THE FIR IN CRIME NO.3581/2023 OF ERNAKULAM CENTRAL POLICE STATION DATED 16.11.2023 Crl.MC Nos.1769/2024, 2194/2024, 3076/2024 10 APPENDIX OF CRL.MC 3076/2024 PETITIONER'S ANNEXURES : Annexure A1 Annexure A2 Annexure A3 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO: 3581/2023 OF ERNAKULAM CENTRAL POLICE STATION, DATED 16.11.2023. TRUE COPY OF THE ORDER IN BAIL APPLICATION NO. 10618/2023 DATED 29.01.2024. TRUE COPY OF THE AFOREMENTIONED AFFIDAVIT GIVEN BY THE 2ND RESPONDENT DATED 29.01.2024.