Abdul Khader Belma Naringana vs State Of Kerala

Ziyad Rahman A.A., J

The petitioners 1 to 4 are the accused Nos.2, 1, 3 and 4 respectively in Crime No.205/2021 of Manjeswar Police Station, Kasargode. It is reported that the 5th petitioner is not implicated as an accused in the aforesaid crime. The offence alleged against the petitioners are under Sections 3, 4 and 5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and Section 66(D) of Information Technology Act read with Section 420 of Indian Penal Code.

The prosecution is that, the de facto complainant deposited an amount of Rs.1,50,000/- in the trading firm namely ‘My Club Trading’ run by the 1st accused believing the assurance given by the 1st accused that he will give 15.27 Dollars per day for one year as a return for the aforesaid deposit. The other petitioners are the members of the said scheme. Annexure A is the First Information Report registered. This Crl.M.C. is filed for quashing all further proceedings against the petitioners in pursuance to Annexure A.

Heard Sri.Rilgin V. George, learned counsel appearing for the petitioners, Sri.Prasanth, learned Public Prosecutor for the State and Sri.S.K. Saju, learned counsel appearing for the 2nd respondent.

The prayer for quashing the above proceedings is sought for by the petitioners on the ground that, the dispute between the parties has been settled and to substantiate the same, the 2nd respondent has filed Annexure B, which was sworn by him. The aforesaid affidavit indicates that, the matter has been settled and the injured person has no subsisting grievance against the petitioners herein. He also conveyed that he has no objection in quashing the proceedings against the petitioners herein. The learned counsel for the 2nd respondent also confirmed the same. The learned Public Prosecutor upon instructions submitted that the veracity of the settlement was verified by the Station House officer concerned and before  the  SHO also,  the 2nd respondent  has reiterated  that, he does not have  any  objection  in  quashing the proceedings as he has no subsisting grievance  against the petitioners herein.

Going through the materials available on record, it is discernible that, the dispute is basically private in nature and on account of settlement arrived at between the parties, no purpose would be served if the proceedings against the petitioners herein were allowed to continue. In such circumstances, the chances of a successful prosecution are very bleak. Therefore, I am of the view that going by the decision in Gian Singh v. State of Punjab and Another [2012(4) KLT 108], this is a fit case in which the powers of this Court under Section 482 of the Code of Criminal Procedure can be invoked.

Accordingly, this Crl.M.C. is allowed. Annexure A First Information Report in Crime No.205/2021 of Manjeswar Police Station, Kasargode and all further proceedings pursuant thereto as against the petitioners 1 to 4 who are the accused Nos.2, 1, 3 and 4 respectively are hereby quashed.

It is reported that, during the pendency of this Crl.M.C., the 3rd petitioner is already arrested and detained in prison. Consequent to the quashing of the proceedings against him, the detention of the 3rd petitioner is unwarranted and hence, it is ordered that he shall be released forthwith.