IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 Crl.MC.No. 2894 of 2009 ------------------------------- (CRIME NO.754/09 OF THIRUVALLA POLICE STATION, PENDING BEFORE JUDL.FIRST CLASS MAGISTRATE, THIRUVALLA) PETITIONER(S): ACCUSED 1 TO 5 ------------------------------------------------ 1. ROBIN G.VARGHESE, AGED 21 YEARS, PUTHAN PARAMBIL HOUSE, AYAPARAMBU MURI, CHERUTHANA VILLAGE, KARTHIKAPPALLY TALUK. 2. ADARSH, AGED 21 YEARS, VISWAMBHARAN P., KARUNYA, PILAPUZHA MURI, HARIPAD VILLAGE, KARTHIKAPPALLY TALUK. 3. VINULAL, S/O. VIJAYAKUMAR, ANULALAYAM HOUSE, EDAYKKADU MURI, PUTHUVAZHI VILLAGE, KUNNATHUR TALUK. 4. JAYADEVAN, AGED 21 YEARS, S/O. MAHESH KUMAR, JYOTHI NIVAS, VETTUVERI, KARTHIKAPPALLY VILLAGE, KARTHIKAPPALLY TALUK. 5. SHINU K.CHERIYAN, AGED 23 YEARS, S/O. JOHN CHERIYAN, KANNATHUPARAMBIL, PAYIPPADU MURI, VEEGAPURAM VILLAGE. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENT(S): DEFACTO COMPLAINANT/STATE -------------------------------------------------------------------------- 1. THE STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. ELIYAMMA MATHEW, KIZHAKKE MALAYILAYA KOKKOTTIL HOUSE, PRIYADARSHINI JUNCTION, THALAVADI THEKKUMKARA, THALAVADI VILLAGE. PUBLIC PROSECUTOR SRI.S.U.NAZAR FOR R1 ADV. SRI.M.R.RAJESH SRI.G.HARIKRISHNAN FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2894 of 2009 -------------------------- ORDER Petitioners are accused 1 to 5 in Crime No. 754/2009 of Thiruvalla Police Station, registered for the offence under Section 420 read with Section 34 of Indian Penal Code based on Annexure-A FIR, after recording the F.I. Statement of the second respondent, the defacto complainant. Annexure-B order shows that accused 1, 3, 4 and 5 were released on bail on deposit of Rs.10,000/- each as cash security. Annexure-C joint petition was subsequently filed by the second respondent along with first petitioner, the first accused, stating that the entire disputes between them were settled and therefore, there is no necessity to continue the prosecution. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A FIR and to release the amount deposited by petitioners 1, 3, 4 and 5 before the Magistrate CRMC 2894/09 2 as a condition to release them on bail. 2. Second respondent appeared through a counsel and filed Annexure-R2(a) affidavit stating that she has received Rs.95,000/- on 12.8.2009 and she has settled the disputes with the petitioners and therefore, there is no necessity to proceed with the case. 3. Learned counsel appearing for the petitioners and second respondent and learned Public Prosecutor were heard. 4. An offence under Section 420 of Indian Penal Code is compoundable by the person who was cheated. Second respondent is the person who was cheated. Police has registered the case based on the F.I. Statement of the second respondent. Final report under Section 173(2) of Code of Criminal Procedure is yet to be filed. Annexure-C petition filed before the Magistrate shows that even before the Magistrate, second respondent submitted that the matter has been settled. CRMC 2894/09 3 5. As the offence is compoundable and Annexure- R2(a) affidavit filed by the second respondent establishes that there was a composition, it is not in the interest of justice to continue with the prosecution. In such circumstances, Annexure-A FIR is quashed. If petitioners 1, 3, 4 and 5 have deposited any amount as directed under Annexure-B order, it shall be released to them. Petition is disposed. 9th September, 2009 (M.Sasidharan Nambiar, Judge) tkv