2025:KER:26458 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 CRL.MC NO. 1792 OF 2025 CRIME NO.1482/2023 OF Narakkal Police Station, Ernakulam PETITIONERS/ACCUSED: 1 ARUN KURIAN @ ADAM JOHN, AGED 36 YEARS 150 DDA FLATS, MALVIYA NAGAR, KIRKI, CENTRAL DELHI, PIN – 110017. 2 MARY SABU, AGED 35 YEARS D/O, JOSEPH JOGI, NEEL DELTA CHS, PLOT NO. 5, V LAWE, 11TH FLOOR, NAVI MUMBAI, MAHARASHTRA,, PIN – 410206. 3 SATHYAJA KIZHAKKEKARA @ SATHYAJA, SHANKAR AGED 52 YEARS KAUSTHUBHAM, KIZHAKKETHARA, SEKHARIPURAM, P.O., PALAKKAD, PIN – 678010. BY ADVS. G.GOPAN NAIR G.GOWARDHAN DEV G. NAIR RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031. 2 SHO NJARAKKAL POLICE STATION, NJARAKKAL POLICE STATION, NJARAKKAL P.O., 2025:KER:26458 CRL.MC NO. 1792 OF 2025 2 ERNAKULAM REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031. 3 ANTONY STEEVO KARBALIO, AGED 29 YEARS MURINGANATH HOUSE, PERUMBILLY, NJARACKAL P.O., ERNAKULAM, PIN – 682505. BY ADV V.ASWIN SMT. PUSHPALATHA. M.K, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:26458 CRL.MC NO. 1792 OF 2025 3 ORDER Petitioners are the accused in Crime No.1482 of 2023 registered at the Narakal Police Station for the offence punishable under Section 420 r/w Section 34 of the Indian Penal Code. 2. The crime is registered on the allegation that, the accused collected Rs.2,00,000/- from the de facto complainant by promising to secure employment in Azerbaijan, but did not secure the employment nor refund the amount. 3. Learned Counsel for the petitioners submits that the dispute, which led to the incident and registration of the crime, is settled and an affidavit has been filed by the 3rd respondent vouching this fact. 4. Learned Counsel for the 3rd respondent also submitted that the dispute is settled and his client has no grievance against 2025:KER:26458 CRL.MC NO. 1792 OF 2025 4 the petitioners. 5. I heard the learned Public Prosecutor also. 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 3rd 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 arrived at between the parties, 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 2025:KER:26458 CRL.MC NO. 1792 OF 2025 5 in Crime No.1482 of 2023 registered at the Narakal Police Station, and all further proceedings thereon, as against the petitioners, is quashed. Sd/- V.G.ARUN JUDGE Sru 2025:KER:26458 CRL.MC NO. 1792 OF 2025 6 APPENDIX OF CRL.MC 1792/2025 PETITIONERS ANNEXURES Annexure-A1 TRUE COPY OF FIRST INFORMATION REPORT IN CRIME NO: 1482/2023 OF NJARAKKAL POLICE STATION Annexure-A2 TRUE COPY OF FIRST INFORMATION STATEMENT Annexure-A3 TRUE COPY OF THIS RECEIPT AND FULL & FINAL SETTLEMENT