IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 10TH NOVEMBER 2010 / 19TH KARTHIKA 1932 Crl.MC.No. 4397 of 2010() ----------------------------------- ( CRIME NO. 868/2010 OF TOWN EAST POLICE STATION, TRICHUR) ---------------------- PETITIONER(S): DEFACTO COMPLAINANT ----------------------------------------------------------- PHILIP BENJAMIN, AGED 52 YEARS, VAZHAPPILLIYIL HOUSE, NEDIYASALA P.O., THODUPUZHA. BY ADV. SRI.K.V.RAMABHADRAN RESPONDENT(S): ACCUSED/STATE ---------------------------------------------------- 1. SHERIN THOMAS, S/O. THOMAS, PUTHAPRA HOUSE, PULIMAVU DESOM, KANJIRAPPALLY, KOTTAYAM. 2. SHAMNADH, S/O. SALIM RAWTHER, SANJU MANZIL, NALUMUKKU, MAMKUZHI P.O., VETTIYAR VILLAGE, MAVELIKKARA, ALAPPUZHA. 3. SUB INSPECTOR OF POLICE, TOWN EAST POLICE STATION, TRICHUR. 4. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY ADV. SRI.P.K.ANIL R3 & R4 BY PUBLIC PROSECUTOR SRI. P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4397 OF 2010 --------------------------------------------- Dated 10th November, 2010 O R D E R Petitioner, the de facto complainant in Crime No.868/2010 of Town East Police Station, Trichur filed this petition under Section 482 of Code of Criminal Procedure to quash the FIR contending that entire disputes were settled amicably and consequent to the settlement, the case is to be quashed. 2. Respondents 1 and 2 appeared through a counsel and submitted that entire disputes were settled and consequent to the settlement, case is to be quashed. 3. Learned counsel appearing for the petitioner, respondents 1 and 2 and learned Crmc 4397/10 2 public Prosecutor were heard. 4. Learned Public Prosecutor made available the case diary and submitted that during investigation it was revealed that it was not only the petitioner who was cheated but several persons. Case diary shows the statements of witnesses revealing similar instances. In such circumstances, I do not find it, in the interest of justice to quash the crime as sought for. As an offence under Section 420 of Indian Penal Code is compoundable and the petitioner has settled the dispute with respondents 1 and 2, it may not be necessary to investigate the case of cheating as against the petitioner. But on that ground the crime as such cannot be quashed, as during the investigation cognizable offence committed against several others is also revealed. In the light of the said disclosure, interest of Crmc 4397/10 3 justice warrants a thorough investigation. Such an investigation cannot be thrashed at the initial stage by accepting the settlement with one of the victims and quashing the very FIR as sought for. Petition is disposed making it clear that though the offence of cheating committed as against the petitioner by respondents 1 and 2 is settled, the case of cheating as against all others shall be investigated in accordance with law. M.SASIDHARAN NAMBIAR, JUDGE. uj.