2025:KER:19880 CRL.MC NO. 635 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 10TH DAY OF MARCH 2025 / 19TH PHALGUNA, 1946 CRL.MC NO. 635 OF 2025 CRIME NO.588/2024 OF MALA POLICE STATION, THRISSUR PETITIONER: LINGCON BISWAS, AGED 28 YEARS S/O.ANGSHUMAN BISWAS, SONGHATAKALITALAPARA, CHAU GACHHA, CHOWGACHA, KRISHNAGANJ NADIA, WEST BENGAL, PIN - 741509 BY ADVS. EBIN MATHEW P.J.MATHEW AKHILA SHOJI KRISHNAPRIYA PRASAD RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 RINCE ANTO, S/O ANTO. T.J, THALIYATH HOUSE, MELADOOR. P.O, ALATHUR, 2025:KER:19880 CRL.MC NO. 635 OF 2025 2 THRISSUR DISTRICT, PIN - 680741 BY ADVS. K.A.MANZOOR ALI MEHARUNNISA NAJEEB SRI. M.C. ASHI, PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:19880 CRL.MC NO. 635 OF 2025 3 ORDER Dated this the 10th day of March, 2025 The petitioner is the accused in Crime No.588 of 2024 registered at the Mala Police Station for offences punishable under Sections 420 and 406 of the Indian Penal Code and Section 66 of the Information Technology Act. 2. The crime was registered on the allegation that, the accused, after collecting Rs. 5,64,000 from the de facto complainant/2nd respondent by promising to double the amount, did not provide the promised returns or refund the amount. 3. Learned Counsel for the petitioner submitted that the dispute, which led to the incident and registration of the crime, is amicably settled and Annexure II affidavit has been filed by the 2nd respondent vouching this fact. 4. Learned Counsel for the 2nd respondent also submitted that the dispute is settled and their client has no grievance against the petitioner. 5. I heard the learned Public Prosecutor also. 2025:KER:19880 CRL.MC NO. 635 OF 2025 4 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 2nd 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, 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 1 FIR and all further proceedings in Crime No.588 of 2024 of Mala Police Station, as against the petitioner, is quashed. Sd/- V.G.ARUN, JUDGE SPV 2025:KER:19880 CRL.MC NO. 635 OF 2025 5 APPENDIX OF CRL.MC 635/2025 PETITIONER’S ANNEXURES ANNEXURE 1 A TRUE COPY OF FIR NO. 588/2024 REGISTERED BEFORE HON’BLE JUDICIAL FIRST CLASS MAGISTRATE-I, CHALAKKUDY DATED 26/05/2024 ANNEXURE II THE AFFIDAVIT OF SETTLEMENT SWORN BY THE DE-FACTO COMPLAINANT (2ND RESPONDENT HEREIN) DATED 20/1/2025 RESPONDENTS’ ANNEXURES: NIL //TRUE COPY// PA TO JUDGE