Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946 CRL.MC NO. 603 OF 2024 CRIME NO.30/2023 OF CYBER CRIME POLICE STATION, ERNAKULAM RURAL, Ernakulam PETITIONERS:
B. GNANASEKAR AGED 35 YEARS S/O BHAKTHA VACHALAM, NO. 46, MILK DIPPO, BASIN BRIDGE ROAD, WASHERMENPET, CHENNAI, TAMIL NADU STATE, PIN – 600021.
BY ADVS.
SHIBIN K.F.
GISON ALIYAS RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682031.
2 THE INSPECTOR OF POLICE THE CYBER CRIME POLICE STATION, ERNAKULAM RURAL, SUB- JAIL ROAD, NEAR ALUVA POLICE STATION, ALUVA, ERNAKULAM DISTRICT, KERALA STATE., PIN – 683101.
3 DANIEL PAUL AGED 25 YEARS SANDEEPAM HOUSE, HOUSE NO. 69, CONVENT ROAD 2, THOTTAKKATTUKARA, ALUVA VILLAGE, ERNAKULAM DISTRICT, KERALA STATE, PIN – 683108.
BY ADV VIVEK VENUGOPAL SRI. M.C. ASHI (PUBLIC PROSECUTOR) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No. 603 of 2024 2 BECHU KURIAN THOMAS, J.
----------------------------------------- Crl.M.C. No. 603 of 2024 ---------------------------------------- Dated this the 11th day of April, 2024 ORDER Petitioner have invoked the jurisdiction under Section 482 of Code of Criminal Procedure, 1973 to quash all proceedings against him.
2. Petitioner is the accused in Crime No. 30 of 2023 of Cyber Crime Police Station, Ernakulam Rural, registered for the offences under Section 420 of the Indian Penal Code, 1860 and Section 66(D) of the Information Technology Act, 2000. Third respondent is the defacto complainant.
3. According to the prosecution, the accused had cheated the defcto complainant by promising high return for a small investment, and failed to return the same and thereby committed the offences alleged.
4. Heard the learned counsel for the petitioner and the learned counsel for the respondent, apart from the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the matter has been settled and hence the proceedings against the petitioner ought to be quashed. It was also submitted that, considering the nature of offences alleged, no purpose would be served by continuing the proceedings.
6. In Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303], the
Crl.M.C. No. 603 of 2024 3 Apex Court has held that in appropriate cases, the High Court can take note of the amicable resolution of disputes between the victim and the wrongdoer to put an end to the criminal proceedings. This view was reiterated in Narinder Singh and Others v. State of Punjab and Another [(2014) 6 SCC 466] and Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653].
7. I have perused Annexure A11 agreement under Section 89 of the CBC entered between the parties. The learned Public Prosecutor has submitted that upon verification, it is understood that the affidavit is genuine, and the defacto complainant stands by the contents thereof. I am satisfied that the matter has been settled and no public interest is involved in this case. There is no impediment for granting the prayer for quashing. The continuance of the proceedings will only be an exercise in futility. Subsequently, in a mediation initiated in B.A.No.7442/2023 the parties have settled the matter and the defacto complainant agreed to have the FIR quashed.
8. Accordingly, all proceedings against the petitioners in Crime No. 30 of 2023 of Cyber Crime Police Station, Ernakulam Rural are quashed.
This Crl.M.C is allowed as above.
BECHU KURIAN THOMAS JUDGE AJM
Crl.M.C. No. 603 of 2024 4 APPENDIX OF CRL.MC 603/2024 PETITIONER ANNEXURES Annexure-A1 A TRUE COPY OF THE FIR NO. 30/2023 AND DATED 02-05-2023 ON THE FILES OF THE CYBER CRIME POLICE STATION, ERNAKULAM RURAL Annexure-A2 A TRUE COPY OF PETITIONER'S FIRM'S GST REGISTRATION CERTIFICATE ISSUED BY THE GOVERNMENT OF INDIA DATED 25-01-2021 Annexure-A3 A TRUE COPY OF PETITIONER'S FIRM'S IMPORTER- EXPORTER CODE ISSUED BY THE GOVERNMENT OF INDIA DATED 23-01-2021 Annexure-A4 A TRUE COPY OF THE PERMANENT ACCOUNT NUMBER OF THE PETITIONER DATED NIL Annexure-A5 A TRUE COPY OF THE AADHAAR OF THE PETITIONER DATED 20-12-2015 Annexure-A6 A TRUE COPY OF THE STATEMENT OF BANK ACCOUNT NO.50200068386033 OF THE PETITIONER'S FIRM MAINTAINED WITH THE HDFC BANK LTD. BROADWAY PARRYS CORNER CHENNAI BRANCH DATED 05-05-2023 Annexure-A7 A TRUE COPY OF THE GST INVOICE, BEARING NO.
SE/2023/105, ISSUED BY THE FIRM TO MR. NAJEEB DATED 05-01- 2023 Annexure-A8 A TRUE COPY OF THE GST INVOICE, BEARING NO.
SE/2023/107, ISSUED BY THE FIRM TO MR. NAJEEB DATED 05-01-2023 Annexure-A9 A TRUE COPY OF THE JUDGMENT IN WP(CRL.) NO.
732 OF 2023 DATED 14-08-2023 Annexure-A10 A TRUE COPY OF THE INTERIM ORDER DATED 22-11- 2023 IN BAIL APPL. NO. 7442 OF 2023 ON THE FILES OF THE HIGH COURT OF KERALA Annexure-A11 A TRUE COPY OF THE MEDIATION AGREEMENT, DATED 08-12-2023 Annexure-A12 A TRUE COPY OF THE ORDER, DATED 19-12-2023 IN BAIL APPL. NO. 7442 OF 2023 ON THE FILES OF THE HIGH COURT OF KERALA Annexure-A13 A TRUE COPY OF THE STATEMENT DATED 08-01-2024 FILED BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM IN CMP NO. 9608/2023 Annexure-A14 A TRUE COPY OF THE STATEMENT DATED 08-01-2024 FILED BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM IN CMP NO. 9609/2023.