2025:KER:23423 CRL.MC NO. 892 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 18TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946 CRL.MC NO. 892 OF 2025 CRIME NO.638/2024 OF THANKAMANI POLICE STATION, IDUKKI PETITIONER: BIJU JOSEPH, AGED 44 YEARS S/O. JOSEPH, CRISTAL GARNET VILLA, KOLLAMKUDY MUKAL ROAD, THRIKKAKKARA ROAD, ERNAKULAM, KERALA, INDIA, PIN - 682021 BY ADV S.VAISAKH RESPONDENTS: 1 SABU C M, AGED 48 YEARS S/O MANI, CHAMBLANGATTU HOUSE, MANIPPARA P.O, KOCHUKARIMBAN, UPPUTHODU, IDUKKI, KERALA, PIN - 685602 2 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN, PIN - 682031 BY ADVS TITTO THOMAS SMT. PUSHPALATHA. M.K. SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:23423 CRL.MC NO. 892 OF 2025 2 ORDER Dated this the 18th day of March, 2025 The petitioner is accused No.1 in Crime No.638 of 2024 registered at the Thankamani Police Station for offences punishable under Sections 406 and 420 r/w Section 34 of the Indian Penal Code. 2. The crime was registered on the allegation that, the accused deceived the complainant, by promising to secure him a job in Poland and collected Rs.6,09,000/- from him. It is alleged that the accused only returned Rs.2,52,500/- and did not return the remaining amount, thereby causing loss of Rs.3,56,500/- 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 A2 affidavit has been filed by the 1st respondent vouching this fact. 4. Learned Counsel for the 1st respondent also submitted that the dispute is settled and his client has no grievance against the petitioner. 5. I heard the learned Public Prosecutor also. 2025:KER:23423 CRL.MC NO. 892 OF 2025 3 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 1st 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 A1 FIR and all further proceedings in Crime No.638 of 2024 of Thankamani Police Station, as against the petitioner, is quashed. Sd/- V.G.ARUN JUDGE SPV 2025:KER:23423 CRL.MC NO. 892 OF 2025 4 APPENDIX OF CRL.MC 892/2025 PETITIONER’S ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT DATED 25.10.2024 REGISTERED AGAINST THE PETITIONERS IN CRIME NO. 638/2024 OF THANKAMANI POLICE STATION ANNEXURE A2 AFFIDAVIT BY THE 1ST RESPONDENT/ DEFACTO COMPLAINANT DATED 16.12.2024 RESPONDENTS’ ANNEXURES: NIL //TRUE COPY// PA TO JUDGE