IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 Crl.MC.No. 3603 of 2010() ----------------------------------- - CC.188/2009 of CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR .................... PETITIONER(S): ACCUSED NO.1 TO 3: ------------------------------------------------------ 1. FR.ALIAS K.VARKEY, S/O.K.C.VARKEY, AGED 55 YEARS, PRIEST, KEERIMULAYIL HOUSE, PEECHI P.O., PEECHI VILLAGE, THRISSUR-680 653. 2. VIJI VARGHESE, S/O.VARGHESE, AGED 37 YEARS, KANICHAI HOUSE, P.O.PALAYAM PARAMBU, THRISSUR-680 741. 3. SHINAJ MATHACHAN, S/O.M.K.MATHACHAN, AGED 27 YEARS, HARITHA HOMES, VILLA NO.10, P.O.KURUKKANCHERRY, THRISSUR-6. BY ADVS. SRI.V.B.HARI NARAYANAN SMT.RUBY P.PAULOSE RESPONDENT(S): RESPONDENT ----------------------------- ------------------ 1. STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE, TRICHUR EAST STATION, TRICHUR. 3. MANJU SEBASTIAN, AGED 26 YEARS, S/O.SEBASTIAN, ORATHEL HOUSE, ETIVAL VILLAGE, CHERUKULAM DESOM, KODDAM, ERNAKULAM DISTRICT REPRESENTED BY HER POWER OF ATTORNEY HOLDER M.SEBASTIAN. 4. VIJAYALAKSHMI, W/O.MADANAMOHAN NAIR, RAMAPURAM, KOTTAYAM DISTRICT. CRMC. NO.3603/2010 5. SKARIA, S/O.PAUL, VETTICKAL HOUSE, KOOPADY VILLAGE, WAYANAD DISTRICT. 6. JOSE, S/O.PAULOSE, CHAYOOR HOUSE, MULLASERY VILLAGE. 7. PAULOSE, S/O.VAREED, AREEKAL HOUSE, MEEKAD DESOM, NEDUMBASSERY VILLAGE, ERNAKULAM DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR SRI.P.A.SALIM R3- R7 BY ADV. SRI.S.RAJEEV THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3603 OF 2010 =========================== Dated this the 17th day of September,2010 ORDER Petitioners are the accused in C.C.188/2009 on the file of Chief Judicial Magistrate, Thrissur. Respondents 3 to 7 are the persons who are allegedly cheated. Learned Chief Judicial Magistrate, Thrissur took cognizance in C.C.188/2009, on Annexure A2 final report submitted by Sub Inspector of Police, Town East Police Station in Crime 468/2009. Annexure A2 final report shows that prosecution case is that petitioners conducted Eden Educational and Charitable Trust, inviting advertisement in newspapers promising to give visa for employment in foreign countries and induced respondents 3 to 7 to pay respective amount alleged, with an intention to cheat and thereby cheated them and thereby committed the Crl.M.C.3603/2010 2 offences under sections 406 and 420 read with section 34 of Indian Penal Code and also under section 24 of Emigration Act. This petition is filed under section 482 of the Code of Criminal Procedure to quash the proceedings contending that entire disputes with respondents 3 to 7 were subsequently settled and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. Respondents 3 to 7 appeared through a counsel and filed a statement to the effect that entire disputes were settled amicably and consequent to the settlement, they have no subsisting grievance against petitioners and therefore there is no objection for quashing the proceedings. Instead of fourth respondent, the power of attorney of the fourth respondent signed the statement and a copy of the power of attorney, so executed by the fourth respondent and was produced as Annexure A3. 3. Learned counsel appearing for the Crl.M.C.3603/2010 3 petitioners, respondents 3 to 7 and learned Public Prosecutor were heard. 4. Annexure A2 final report shows that by making advertisement in newspaper that petitioners would arrange visa in foreign countries, petitioners induced respondents 3 to 7 to pay the amount and misappropriated the amount so received from respondents 3 to 7. It is alleged that respondents 3 to 7 were induced to pay the amount with a dishonest intention to cheat and thereby committed the offences. The statement filed by respondents 3 to 7 establishes that the case of the petitioners that the entire disputes with respondents 3 to 7 were settled subsequently is correct and they have no subsisting grievance against the petitioners. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19and Manoj Sharma v. State (2008(4) KLT 417 ) when the offences alleged against the petitioners are purely personal in nature against respondents 3 to 7 who were cheated and whose money were Crl.M.C.3603/2010 4 misappropriated and it is established that the entire disputes were settled amicably with respondents 3 to 7 and the offence under the Emigration Act is not attracted in the facts alleged, it is not in the interest of justice to continue the prosecution as consequent to the settlement, there is no likelihood of a successful prosecution and it would only result in unnecessary waste of valuable time of the court. Petition is allowed. C.C.188/2009 on the file of Chief Judicial Magistrate, Thrissur is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006