Manju vs State Of Kerala

K.Haripal, J

Petitioners are accused Nos. 1 and 3 in C.C. No. 70/2021 pending before the Judicial First Class Magistrate, Nedumkandam, which arose from Crime No. 317/2019 of Nedumkandam police station. That crime was registered on the basis of the complaint preferred by the fourth respondent, Eliyamma T.M. before police. On that basis, the crime was registered alleging offence under Sections 420 read with 34 of the Indian Penal Code against four persons. On the conclusion of investigation, charge sheet has been laid before court against three persons. It is stated that the 1st accused died during the course of investigation; the second accused also passed away after laying the charge sheet and now the petitioners have settled the dispute with the fourth respondent, defacto complainant. In support of the said settlement, Annexure A3 affidavit of the fourth respondent also has been brought in where she has averred that the dispute has been settled amicably due to the intervention of family members and common friends and she has no objection in quashing the criminal proceedings.

Heard the learned counsel for the petitioners as well as the learned Senior Public Prosecutor.

According to the learned counsel for the petitioners, in fact they were employees of an institution run by the deceased second accused, even though they had not collected any money from the fourth respondent, they were forced to settle the transaction with the fourth respondent. It is also pointed out that Moncy Biju, who is the first accused in the FIR also is no more.

According to the learned Senior Public Prosecutor, this is the tailpiece of the infamous custodial death of the second accused Rajkumar in Nedumkandam, which led to hue and cry in the society and also led to the initiation of judicial enquiry on the custodial death of Rajkumar. The allegation against the petitioners and the said Rajkumar is that they had, pretending to grant loan of Rs. Five lakhs to the fourth respondent, collected an amount of Rs. 5,000/- as service charge and then failed to arrange the loan and that was how offence under Sections 120(B), 406, 420 and 34 of the Indian Penal Code happened to be raised against the petitioners.

Whatever it may be, now the petitioners have settled the dispute with the fourth respondent. It is purely a monetary transaction and the fourth respondent has stated in clear terms that the case is settled.

In the circumstances, there is no point in continuing the proceedings. Therefore, all the proceedings in C.C. No. 70/2021 pending on the file of the Judicial First Class Magistrate Court, Nedumkandam, which was the culmination of final report in Crime No. 317/2019 of Nedumkandam police station are hereby quashed.

Crl. M. C. is allowed as above.