2025:KER:27348 CRL.MC NO. 1055 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 CRL.MC NO. 1055 OF 2025 CRIME NO.440/2024 OF CHAVAKKAD POLICE STATION, THRISSUR PETITIONER: SHONE BABU, AGED 27 YEARS S/O BABU T.A,THEKKETHALA HOUSE, CHIRAKKEKODE, P.O VELLANIKKARAM, KERALA, THRISSUR,, PIN - 680654 BY ADVS. LLOYD JOHN JERRY MATHEW REGHU SREEDHARAN DEVIKA K.R. SIYAD UMMER RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 ANSAR SRAMBIKAL SALIM , AGED 29 YEARS MADU, THOTTAP,KADAPPURAM, THRISSUR CITY, NOW RESIDING AT M/S GLOBAL ENERGY SOLUTION TRADING COMPANY NEAR; LULU HYPERMARKET 2422 2025:KER:27348 CRL.MC NO. 1055 OF 2025 2 AL MADINAH MUNAWWARAH 7416, AL TAWYAH, AL JUBAIL SAUDI ARABIA, PIN - 680514 BY ADVS ADITHYA KIRAN V.E SRI. M.C. ASHI, PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:27348 CRL.MC NO. 1055 OF 2025 3 ORDER Dated this the 28th day of March, 2025 The petitioner is the accused No.1 in Crime No.440 of 2024 registered at the Chavakkad Police Station for offences punishable under Sections 406, 420 and 34 of the Indian Penal Code. 2. The crime was registered on the allegation that, the accused, collected Rs.3.75 Lakhs from the de facto complainant after promising to secure a job visa for him in Russia and Armenia, but did not secure the visa nor 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 2 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 his client has no grievance against the petitioner. 5. I heard the learned Public Prosecutor also. 2025:KER:27348 CRL.MC NO. 1055 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.440 of 2024 of Chavakkad Police Station, as against the petitioner, is quashed. Sd/- V.G.ARUN JUDGE SPV 2025:KER:27348 CRL.MC NO. 1055 OF 2025 5 APPENDIX OF CRL.MC 1055/2025 PETITIONER’S ANNEXURES ANNEXURE 1 TRUE COPY OF THE FIR NO 0440/2024 DATED 07.06.2024 ANNEXURE 2 AFFIDAVIT SIGNED BY THE 2ND RESPONDENT/ DEFACTO COMPLAINANT DATED 24.12.2024 RESPONDENTS’ ANNEXURES : NIL //TRUE COPY// PA TO JUDGE