AI Structured Summary
Not yet generated for this judgment
Judgment
M. Sasidharan Nambiar, J.—Petitioner, the de facto complainant in Crime No. 868/2010 of Town East Police Station, Trichur filed this petition u/s 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.
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.
Learned Counsel appearing for the petitioner, respondents 1 and 2 and learned public Prosecutor were heard.
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 u/s 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 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.