2025:KER:31315 Crl.M.C.No.1132 of 2020 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE G.GIRISH THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 CRL.MC NO. 1132 OF 2020 IN CC NO.2998 OF 2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - I, KOTTAYAM PETITIONERS/ACCUSED: 1 FR.THOMAS KURIAN AGED 43 YEARS, KANDANTHARA(H), KUMARAKOM.P.O, KOTTAYAM. 2 FR.JOHN POTHANIKKAL, POTHANIKKAL(H), MANNARKADU.P.O, KOTTAYAM. 3 R.K.ABRAHAM, S/O.K.K.ABRAHAM, RAJ CHRISTI BHAVAN(H), VELLOOR.P.O, PAMPADY, KOTTAYAM. 4 STEPHEN VARGHESE, S/O CHERIYAN VARGHESE, PARAPPALLIL(H), VELLOR.P.O, PAMPADY, KOTTAYAM. 5 KURUVILA VARGHESE, S/O VARGHESE, VATTAMALA(H), VELLOOR.P.O, PAMPADY, KOTTAYAM. 6 P.K.ABRAHAM, S/O KURUVILA, PARAPALLIL(H), VELLOOR.P.O, PAMPADY, KOTTAYAM. BY ADVS. B.S.SIVAJI P.SREEKUMAR (SR.)(K/410/1994) 2025:KER:31315 Crl.M.C.No.1132 of 2020 -2- RESPONDENTS/STATE: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2 THE STATION HOUSE OFFICER, PAMPADY POLICE STATION, PAMPADY.P.O, KOTTAYAM DISTRICT, PIN - 686 502. 3 LALU KURIAN AGED 55 YEARS, S/O KURIAN, PARIYATH(H), VELLOOR.P.O, PAMPADY VILLAGE, KOTTAYAM, PIN - 686 609. BY ADVS. K.J.KURIACHAN SUNIL JACOB SRI SANGEETHARAJ NR, PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:31315 Crl.M.C.No.1132 of 2020 -3- G. GIRISH, J. ----------------------------- Crl.M.C.No.1132 of 2020 ----------------------------------------- Dated this the 10th day of April, 2025 ORDER The petitioners are accused Nos.1 to 6 in C.C.No.2998 of 2017 on the files of the Judicial First Class Magistrate Court - I, Kottayam. The allegation against them is that they have committed the offences under Sections 120B, 403, 406, 408, 420, 463, 465, 468, 471 read with Section 34 IPC. In the present petition filed under Section 482 Cr.P.C., the petitioners seek to quash the proceedings against them in the said case. 2. The allegation pertains to the misappropriation of an amount of Rs.24,94,259/- by the petitioners in their capacity as the representatives of St.Thomas Yacobaya Suriyani Church, Velloor. The defacto complainant, a member of the diocese, filed a complaint before the Judicial First Class Magistrate Court - I, Kottayam, alleging that the petitioners unreasonably enhanced the estimated amount of the renovation works of the church from Rs.70,65,000/- to 2025:KER:31315 Crl.M.C.No.1132 of 2020 -4- Rs.2,04,06,467/-, and expended only Rs.1,79,12,208/-. It is the balance amount which the petitioners are alleged to have misappropriated. 3. At the request of the learned counsel representing the petitioners and the defacto complainant, the matter was referred for mediation at the instance of the Ernakulam Mediation Centre, functioning within the premises of this Court. After the successful completion of the mediation, the learned Mediator filed a report, along with the Memorandum of Agreement signed by the parties, indicating that the issue has been amicably settled. In the aforesaid Memorandum of Agreement dated 15.10.2024, it is stated that the defacto complainant has no grievance with regard to the issue involved in this case, and that the proceedings against the petitioners are to be quashed. 4. When the matter was taken up for consideration on 11.03.2025, the learned counsel for the petitioners submitted that the issue involved in this case is no more subsisting, and that the present Managing Committee of the church is also of the view that the 2025:KER:31315 Crl.M.C.No.1132 of 2020 -5- prosecution initiated against the petitioners in this case is totally unwarranted. In response to the above submission, the learned Public Prosecutor submitted that some persons competent to represent the church have to give a statement to the Investigating Officer, if they have no case that there was misappropriation of the funds of the church. 5. Today, when the case was taken up for consideration, the learned counsel for the petitioners submitted that the competent representatives of the church had already submitted a representation before the investigating officer in the letter head of the church, that the Managing Committee of the church is not having any complaint at all about the issue involved in this case. 6. Having regard to the above development of the case wherein, neither the defacto complainant, nor the present representatives of the church, are having any grievance relating to the alleged misappropriation of funds of the church, the continuance of prosecution against the petitioners can only be termed as an abuse of process of court. That being so, the prayer in this petition to quash 2025:KER:31315 Crl.M.C.No.1132 of 2020 -6- the proceedings against the petitioners, has to be allowed. In the result, the petition stands allowed. The proceedings against the petitioners / accused Nos.1 to 6 in C.C.No.2998 of 2017 on the files of the Judicial First Class Magistrate Court - I, Kottayam, are hereby quashed. Sd/- G. GIRISH JUDGE ded 2025:KER:31315 Crl.M.C.No.1132 of 2020 -7- APPENDIX OF CRL.MC 1132/2020 PETITIONER ANNEXURES ANNEXURE A1 TRUE CERTIFIED COPY OF THE CMP NO.1290/2017 FILED BY THE 3RD RESPONDENT ANNEXURE A2 TRUE COPY OF THE FIR NO.503/2017 DATED 03.04.2017 ANNEXURE A3 TRUE CERTIFIED COPY OF THE FINAL CHARGE DATED 31.10.2017 IN FIR NO.503/2017. ANNEXURE A4 TRUE COPY OF THE MINUTES OF GENERAL BODY MEETING HELD ON 03.03.2013. ANNEXURE A4(A) TRUE COPY OF THE MINUTES OF THE GENERAL BODY MEETING HELD ON 10.04.2016. ANNEXURE A5 TRUE COPY OF THE ADVERTISEMENT GIVEN ON 14.4.2016 ANNEXURE A6 TRUE COPY OF THE LUCKY DRAW COUPON OF ST, THOMAS JACOBITE SYRIYAN CHURCH,VELLOOR. ANNEXURE A7 TRUE COPY OF THE ORDER DATED 03.06.2019 IN CRL.M.C.NO.7240/2017. ANNEXURE A8 TRUE CERTIFIED COPY OF THE CHARGE DATED 21.01.2019 BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I,KASARAGOD.