2025:KER:23693 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946 CRL.MC NO. 7529 OF 2024 CRIME NO.868/2015 OF ANTHIKAD POLICE STATION, THRISSUR IN CC NO.4223 OF 2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS-II,THRISSUR PETITIONERS/ACCUSED: GIRIJA, AGED 55 YEARS W/O RAJAN, UNNI NIVAS, VALLAMKOTTU DESOM, KALLIYOOR VILLAGE, THIRUVANATHAPURAM, PIN - 695042 BY ADV. LAVARAJ M.G. RESPONDENTS/COMPLAINANT & DEFACTO COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 SAROJINI, AGED 75 YEARS PUTHUPULLI HOUSE, PUZHAMPUZHAKADAVU, PADIYAM VILLAGE,THRISSUR, PIN - 680461 BY ADV. M.C. ASHI, PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C. No.7529 of 2024 2025:KER:23693 2 ORDER Dated this the 14th day of March, 2025 Petitioner is the accused in Crime No.868 of 2015 of Anthikkad Police Station, registered for offences punishable under Sections 461, 380 and 454 of the Indian Penal Code, now pending as C.C.No.4223 of 2015 on the files of the Judicial First Class Magistrate Court-II, Thrissur. 2. The crime is registered on the allegation that, on the promise of securing money from the Mata Amritanandamayi Math, for the defacto complainant to build her house, and making her to believe that a Pooja has to be conducted, petitioner caused the defacto complainant to remove gold ornaments from her person and tactfully disappeared with the ornaments, mobile phone and Rs.32,000/-. Crl.M.C. No.7529 of 2024 2025:KER:23693 3 3. Learned Counsel for the petitioner submitted that the dispute, which led to the incident and registration of the crime, is settled through mediation as evidenced by Annexure A2 settlement agreement. It is the further submission of the learned Counsel that the amount due to the 2nd respondent has also been paid, discernible from the deposition of the 2nd respondent. 4. Learned Public Prosecutor submitted that although defacto complainant gave statement that the dispute is settled, the fact that the petitioner is involved in seven other similar crimes should be taken into account. 5. Insofar as the dispute in this case is settled, pendency of other crimes need not deter this Court from exercising the inherent power under Section 528 Crl.M.C. No.7529 of 2024 2025:KER:23693 4 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Moreover, in view of the settlement, the defacto complainant did not support the prosecution during her examination before the trial court. As such, no purpose will be served by continuing the proceedings against the petitioner. For the aforementioned reasons, the Criminal Miscellaneous Case is allowed. Annexure A1 Final Report in Crime No.868 of 2015 of Anthikkad Police Station and all further proceedings in C.C.No.4223 of 2015, on the files of the Judicial First Class Magistrate Court-II, Thrissur, as against the petitioner, is quashed. Sd/- V.G.ARUN JUDGE NB/14-3 Crl.M.C. No.7529 of 2024 2025:KER:23693 5 APPENDIX OF CRL.MC 7529/2024 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY COPY OF THE CHARGE SHEET IN CRIME NO.868/2015 BEFORE THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE COURT II, THRISSUR ANNEXURE A2 TRUE COPY OF THE MEDIATION REPORT DATED 18.062018 OF THE DISTRICT MEDIATION CENTRE, THRISSUR IN C.C.NO.4223/2015 BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT II, THRISSUR ANNEXURE A3 TRUE COPY OF THE COMPOUNDING PETITION OF DEFACTO COMPLAINANT EXAMINED AS PW 1 / 2ND RESPONDENT IN CC 4223/2015 BEFORE THE HON'BLE JUDICIAL MAGISTRATE COURT II, THRISSUR ANNEXURE A4 TRUE COPY OF THE DEPOSITION OF PW4 ANNEXURE A5 TRUE COPY OF THE ORDER IN CRL.M.C.NO.4098/2022 DATED 10.07.2024 TRUE COPY P.A. TO JUDGE