[Cites 2, Cited by 0]
Kerala High Court
D.Vinod Kumar vs State Of Kerala on 6 April, 2026
2026:KER:30294
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
MONDAY, THE 6TH DAY OF APRIL 2026 / 16TH CHAITHRA, 1948
CRL.MC NO. 3572 OF 2024
CRIME NO.73/2024 OF HOSDURG POLICE STATION, KASARGOD
PETITIONERS:
1 D.VINOD KUMAR.,
AGED 52 YEARS,
SON OF CHOYI, RESIDING AT CHINNULAL HOUSE,
BEDAKAM VILLAGE, KUNDAMKUZHI POST,
KASARAGOD TALUK, KASARAGOD DISTRICT,
PIN - 671 541.
2 MUHAMMED RAZAK.,
AGED 42 YEARS,
S/O.V.IBRAHIM, RESIDING AT ERMALAN HOUSE,
MADAVOOR KOTTA JUNCTION, MUTTATHODY,
KASARAGOD DISTRICT, PIN - 671 123.
3 C.SUBHASH.,
AGED 47 YEARS,
S/O.A.V.SEKHARAN, RESIDING AT CHERANGATTU
MALLAKKARA HOUSE, PILICODE, HOSDURG TALUK,
KASARAGOD DISTRICT, PIN - 671 310.
4 GANGADHARAN NAIR P.,
AGED 67 YEARS,
S/O.KUNHAMBU NAIR, RESIDING AT KRISHNAPURAM HOUSE,
POOCHAKKAD VALAPPU, NEDUVOTTUPARA, PERIYA,
HOSDURG TALUK, KASARAGOD DISTRICT,
PIN - 671 316.
5 PRAJITH C.P.,
AGED 41 YEARS
S/O.P.V.KRISHNAN, RESIDING AT PUTHIYAVALAPPIL HOUSE,
MANIYAT P.O., HOSDURG TALUK,
KASARAGOD DISTRICT, PIN - 671 310.
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6 RAJEESH P.V.,
AGED 40 YEARS,
S/O.NARAYANAN V, RESIDING AT PADINHAREVEETIL HOUSE,
MANIYAT P.O., HOSDURG TALUK, KASARAGOD DISTRICT,
PIN - 671 310.
7 KARUNAKARAN T.,
AGED 69 YEARS,
SON OF AMBU, THEKKADAVAN HOUSE, ANNUR,
KARIVELLUR, KANNUR DISTRICT, PIN - 670 521.
BY ADVS.
SRI.T.MADHU
SRI.C.R.SARADANAN
RESPONDENTS:
1 STATE OF KERALA.,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 THE STATION HOUSE OFFICER.,
HOSDURG POLICE STATION, KASARAGOD DISTRICT,
PIN - 671 315.
3 RAHNA K.,
AGED 25 YEARS,
W/O.PRATHUISH V, RESIDING AT MARAN VALAPPIL,
THRIKKANADU, PALLIKKARA VILLAGE,
HOSDURG TALUK, KASARAGOD DISTRICT,
PIN - 671 316.
4 PRATHUISH V.,
AGED 38 YEARS,
S/O.K.VINOD KUMAR, RESIDING AT MARAN VALAPPIL,
THRIKKANADU, PALLIKKARA VILLAGE,
HOSDURG TALUK, KASARAGOD DISTRICT,
PIN - 671 316.
BY ADV SHRI.THOMAS JOHN P.
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SR. PP. SRI.BREEZ.M.S
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
06.04.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
(Dated this the 6th day of April, 2026)
This is a petition filed under Section 482 of the Code of
Criminal Procedure, by the accused Nos.1 to 7 in Crime No.73 of
2024 of Hosdurg Police Station, Kasaragod. The offence alleged
against the petitioners are under section 420 of IPC.
2. The prosecution case is that the accused persons 1 to 6,
who are the Managing Director and the Direcotors of GBG Nidhi
Limited along with the 7th accused received a deposit of Rs.3.5 lakhs
from the de facto complainant and her husband and thereafter
refused to repay the same and thereby cheater her.
3. According to the petitioners, the dispute has been
settled with the defacto complainant and victims/ respondent Nos.3
and 4 and all of them agreed to drop all further proceedings
relating to the above dispute. Therefore, the petitioners prayed for
quashing all further proceedings against them.
4. The defacto complainant and victims filed affidavits
endorsing the averments in the Criminal MC. According to them,
the case has been amicably settled and that they do not intend to
proceed with the case and also that further proceedings in the case
can be quashed. They have no further grievance against the
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petitioners.
5. The learned Public Prosecutor, after getting instruction
from the investigating officer also submitted that the dispute has
been amicably settled between the parties and that the victims are
not interested in continuing the prosecution against the
petitioners. According to the learned Public Prosecutor, several
other similar cases are also pending against the petitioners. All
those cases are of similar nature.
6. The learned counsel for the de facto complainant
submitted that the petitioners have already repaid the amount due
to the de facto complainant.
7. Considering the fact that the offences involved in this
case are not heinous and very serious, but purely of private in
nature and now the dispute has been settled between the parties,
quashment of the same is necessary for maintaining harmonious
relationship between them and also to prevent abuse of process of
the court.
8. In the above circumstances, though similar other cases
are also pending against the petitioners, since they have repaid the
amount due to the de facto complainant, I am inclined to allow this
Crl.M.C.
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9. In the result, this Crl. M.C is allowed. All further
proceedings against the petitioners in Crime No.73 of 2024 of
Hosdurg Police Station, Kasaragod, stands quashed under section
482 of the Code of Criminal Procedure.
Sd/-
C. PRATHEEP KUMAR
JUDGE
ADS
2026:KER:30294
APPENDIX OF CRL.MC NO. 3572 OF 2024
PETITIONER ANNEXURES
Annexure-A1 THE CERTIFIED COPY OF THE FIR DATED
17/01/2024 IN CRIME NO.73/2024 OF HOSDURG
POLICE STATION, KASARAGOD DISTRICT.
Annexure-A2 THE AFFIDAVIT DATED 14/02/2024 SWORN IN BY
THE THIRD RESPONDENT.
Annexure-A3 THE AFFIDAVIT DATED 14/02/2024 SWORN IN BY
THE FOURTH RESPONDENT.
