IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 Crl.MC.No. 682 of 2011() ----------------------------------- CC.NO.170/2010 of CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR .................... PETITIONER(S): ------------------------ VIJI VARGHESE,S/O.VARGHESE, AGED 37 YEARS, KANICHAI HOUSE, P.O.PALAYAM PARAMBU, THRISSUR-680 741. BY ADV. SRI.V.B.HARI NARAYANAN SMT.RUBY P.PAULOSE RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE, TRICHUR EAST STATION, TRICHUR-680 005. 3. ABRAHAM CHACKO, AGED 58, S/O. CHACKO, KOCHUKUNNEL HOUSE,KATTICHIRA.P.O. KOTTAYAM DISTRICT-686 572. R1 & R2 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA R3 BY ADV. SMT.M.J.RAJASREE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.682 of 2011 -------------------------------------- Dated this the 25th day of March, 2011. ORDER This Criminal Miscellaneous Case is to quash proceeding against petitioner and pending before the learned Chief Judicial Magistrate, Thrissur in C.C.No.170 of 2010 on the strength of a settlement reached with respondent No.3, the defacto complainant/CW1. According to respondent No.3, petitioner collected money from respondent No.3 on a promise to recruit the daughter of respondent No.3 for study abroad and cheated him. Thrissur Town East Police registered Crime No.599 of 2010 for offence punishable under Section 420 read with Section 149 of the Indian Penal Code (learned counsel for petitioner submits and the learned Public Prosecutor also agrees that there are only three accused in the case). Learned Chief Judicial Magistrate has taken cognizance for the said offence. It is submitted that parties have settled the disputed. Annexure-A2 is the affidavit of respondent No.2. In the affidavit it is stated that the entire issue between accused and defacto complainant is settled amicably and that he does not want to proceed further and hence he has no objection in quashing proceeding in C.C.No.170 of 2010 against all the accused including petitioner. Learned counsel for respondent No.3 has confirmed the settlement and authenticity of affidavit sworn by respondent No.3. Learned Public Crl.MC No.682/1011 2 Prosecutor has submitted that parties have settled the dispute. It is also submitted that the only aggrieved party in C.C.No.170 of 2010 is respondent No.3. 2. Learned counsel for respondent No.3 submits that respondent No.3 has no objection in quashing proceeding against all the accused in C.C.No.170 of 2010. The submission is recorded. Since the dispute is settled between the parties it is not necessary to prosecute the case further. Hence I am inclined to allow the request. Resultantly this petition is allowed. Annexure-A1, final report in Crime No.599 of 2010 of Thrissur Town East Police Station, cognizance taken thereon and all proceeding against petitioner and all other accused in C.C.No.170 of 2010 of the court of learned Chief Judicial Magistrate, Thrissur are quashed. THOMAS P.JOSEPH, Judge. cks