Kerala High Court
Janeesh vs State Of Kerala on 5 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
CRL.MC NO. 2653 OF 2021
(FIR NO. 567 OF 2020 OF MARADU POLICE STATION, ERNAKULAM)
AGAINST THE ORDER/JUDGMENT IN CC 2145/2020 OF JMFC - VIII, ERNAKULAM (TEMPORARY),
ERNAKULAM
PETITIONER:
JANEESH
AGED 46 YEARS
S/O SAIDALAVI, MUNDANGATTU HOUSE, ARONY PO, PALAKKAD, NOW RESIDING
AT FLAT No. 24, ROOM No. AS-3, PONEKKARA, NEAR FEDERAL BANK,
ERNAKULAM-682023
BY ADVS.
P.R.JAYAKRISHNAN
R.REJI KUMAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682 031
2 JANCY V THOMAS ALIAS JANCY BENNY,
AGED 52 YEARS
W/O. BENNY CHACKO, PROPRIETOR, ANGEL MIGRANTS AND STUDY CENTRE
EDUCATIONAL CONSULTANCY, MAX BAY BUSINESS CENTRE, 6TH FLOOR,
VYTTILA, ERNAKULAM-682 019, NOW RESIDING AT SAVI NIVAS, MES ROAD,
THYKOODAM, ERNAKULAM.
3 THE STATION HOUSE OFFICER,
MARADU POLICE STATION, MARADU P.O, ERNAKULAM.
BY ADV V.C.RAJESH
OTHER PRESENT:
PP - SMT. C.SEENA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.11.2021, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.2653 of 2021
2
ORDER
Petitioner is the sole accused in C.C.No. 2145 of 2020 pending
before the Judicial First Class Magistrate's Court-VIII, Ernakulam
which arose out of Crime No. 567 of 2020 of Maradu police station.
That crime was registered on a complaint preferred by the 2 nd
respondent before the Court which was forwarded for investigation.
After completion of investigation charge sheet has been laid before
the Court alleging offence punishable under Section 420 of the IPC.
2. The allegation is that the petitioner, who is the accused had
collected huge amount from various students in the pretext of
arranging Temporary Residency Passport (TRP) in Poland, through
the 2nd respondent. When he failed in honoring the same, the 2 nd
respondent preferred the said complaint and thus the case was
registered. Now the petitioner submits that the matter stands settled
with the 2nd respondent and hence the proceedings are sought to be
quashed.
3. I heard the learned counsel for the petitioner and also the
learned Senior Public Prosecutor.
4. My attention has been drawn to Annexure-A4 agreement
dated 05.12.2020 as well as the affidavit of the 2 nd respondent dated
Crl.M.C.No.2653 of 2021
29.06.2021. In the affidavit the 2nd respondent has explicitly stated
that the matter is settled and he does not want to pursue the
proceedings.
5. It was purely a personal deal between the petitioner and the
2nd respondent. Now the money transactions have been settled, so that
2nd respondent has no objection in quashing the proceedings.
6. In the light of the affidavit, entire proceedings in C.C. No.
2145 of 2020 pending before the Judicial First Class Magistrate's
Court-VIII, Ernakulam can be quashed.
The Criminal Miscellaneous Case is allowed as above and the
petitioner shall stand exonerated.
Sd/-
K. HARIPAL
JUDGE
RMV/05/11/2021
Crl.M.C.No.2653 of 2021
APPENDIX OF CRL.MC 2653/2021
PETITIONER ANNEXURE
Annexure A1 TRUE COPY OF FIR NO. 0567/2020 DATED 04.08.2020 ALONG WITH
FIS REGISTERED BY 3RD RESPONDENT.
Annexure A2 TRUE COPY OF PRIVATE COMPLAINT DATED 29.06.2020 FILED BY
2ND RESPONDENT BEFORE THE JFCM-VIII COURT, ERNAKULAM.
Annexure A3 TRUE COPY OF FINAL REPORT DATED 25.10.2020 FILED BEFORE
JFCM VIII COURT, ERNAKULAM.
Annexure A4 TRUE COPY OF AGREEMENT DATED 5.12.2020 ENTERED INTO
BETWEEN 2ND RESPONDENT AND PETITIONER.
