IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 Crl.MC.No. 1203 of 2010() ------------------------- CC.20/2010 of CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR .................... PETITIONER(S): ACCUSED NO.2 & 3 ------------------------------- 1. FR.ALIAS K.VARKEY, S/O.K.C.VARKEY, AGED 55 YEARS, PRIEST, KEERIMULAYIL HOUSE, PEECHI P.O., PEECHI VILLAGE, THRISSUR-680653. 2. VIJI VARGHESE, S/O.VARGHESE, AGED 37 YEARS, KANICHAI HOUSE, P.O.PALAYAM PARAMBU THRISSUR-680741. BY ADVS. SRI.V.B.HARI NARAYANAN SMT.M.J.RAJASREE RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE, TRICHUR EAST STATION, TRICHUR. 3. JOHN, SWAPNA VILLA, PENNUKKARA THEKKUMURI, ALA VILLAGE, CHENGANOOR TALUK. * ADDITIONAL R4 & R5 IMPLEADED * 4. JIBIN, S/O. GEORGE, MANKUDIYIL HOUSE, AUDI DESAM, MUVATTUPUZHA VILLAGE, ERNAKULAM DISTRICT. IMPLEADED AS PER ORDER DATED 13/10/10 IN CRL.MA 3515/10 IN CRL.MC 1203/10. * 5. LOUIS, S/O. MATHAI, AGED 65 YEARS, ARIKKODU HOUSE, EDAVARAMPUDESAM, PULINGEM VILLAGE, KANNUR DISTRICT IMPLEADED AS PER ORDER DATED 13/10/10 IN CRLMA 6457/10 IN CRLMC1203/10. R1 TO R2 BY PUBLIC PROSECUTOR SRI. M.R. VENUGOPAL R3 BY ADV. SRI.K.JAYARAJ R4 BY SRI.S.RAJEEV R5 BY SRI.S.RAJEEV THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 1203 of 2010 APPENDIX PETITIONER'S ANNEXURES: A1 : COPY OF THE PRIVATE COMPLAINT A2 : COPY OF THE CHARGE SHEET FILED BEFORE THE chief JUDICIAL MAGISTRATE, TRICHUR. A3 : THE ORDER SHEET IN RESPECT OF THE PROCEEDINGS IN C.C.NO.20/2010 OF CJM, TRICHUR. RESPONDENT'S ANNEXURES: R1 : COPY OF THE AFFIDAVIT EXECUTED BY THE DEFACTO COMPLAINTS FOR WITHDRAWING THE CRIMINAL CASES INITIATED AGAINST THE PETITIONERS. R2 : COPY OF THE AFFIDAVIT EXECUTED BY THE CW-4 FOR WITHDRAWING THE CRIMINAL CASES INITIATED AGAINST THE PETITIONERS. //TRUE COPY// P.A. TO JUDGE smvd B.P. RAY, J. = = = = = = = = = = = = Crl.M.C.No.1203 of 2010. = = = = = = = = = = = = Dated this the 4th July, 2011. O R D E R Heard Sri.V.B.Harinarayan, learned counsel for the petitioners, learned Public Prosecutor for the State and Sri.S.Rajeev, learned counsel for the defacto complainants. 2. Petitioners are the accused in CC.No.20/2010 on the file of the Chief Judicial Magistrate, Thrissur. Respondents 3 to 5 are the persons who are allegedly cheated. Learned Chief Judicial Magistrate, Thrissur took cognizance in CC.No.20/2010, on Annexure A2 charge sheet submitted by the Sub Inspector of Police, Town East Police Station in Crime No.743/09. Annexure A2 charge sheet 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 5 to pay respective amount alleged, with an intention to Crl.M.C.No.1203/2010. 2 cheat and thereby cheated them and thereby committed the offences under sections 406 and 420 read with section 34 IPC and also under section 24 of Emigration Act. This petition is filed under Sec.482 of the Crl.PC to quash the proceedings contending that entire disputes with respondents 3 to 5 were subsequently settled and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 3. Respondents 3 to 5 appeared through a counsel and submitted 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. 4. Annexure A2 charge sheet shows that by making advertisement in newspaper that petitioners would arrange visa in foreign countries, petitioners induced respondents 3 to 5 to pay the amount and misappropriated the amount so received from respondents 3 to 5. It is alleged that Crl.M.C.No.1203/2010. 3 respondents 3 to 5 were induced to pay the amount with a dishonest intention to cheat and thereby committed the offences. It is stated on behalf of the petitioners that the entire disputes with respondents 3 to 5 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 19) and Manoj Sharma v. State (2008(4) KLT 417) when the offences alleged against the petitioners are purely personal in nature against respondents 3 to 5 who were cheated and whose money were misappropriated and it is established that the entire disputes were settled amicably with respondents 3 to 5 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. Crl.M.C.No.1203/2010. 4 5. Petition is allowed. CC.No.20/2010 on the file of the Chief Judicial Magistrate, Thrissur is quashed. B.P. RAY, (Judge) Kvs/-