FR ALIAS K VARKEY Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are the accused in C.C.188/2009 on the file of Chief Judicial Magistrate, Thrissur. Respondents 3 to 7 are the persons who are allegedly cheated. Learned Chief Judicial Magistrate, Thrissur took cognizance in C.C.188/2009, on Annexure A2 final report submitted by Sub Inspector of Police, Town East Police Station in Crime 468/2009. Annexure A2 final report shows that prosecution case is that petitioners conducted Eden Educational and Charitable Trust, inviting advertisement in newspapers promising to give visa for employment in foreign countries and induced respondents 3 to 7 to pay respective amount alleged, with an intention to cheat and thereby cheated them and thereby committed the offences under sections 406 and 420 read with section 34 of Indian Penal Code and also under section 24 of Emigration Act. This petition is filed under section 482 of the Code of Criminal Procedure to quash the proceedings contending that entire disputes with respondents 3 to 7 were subsequently settled and consequent to the settlement, it is not in the interest of justice to continue the prosecution.

(2.) Respondents 3 to 7 appeared through a counsel and filed a statement to the effect that entire disputes were settled amicably and consequent to the settlement, they have no subsisting grievance against petitioners and therefore there is no objection for quashing the proceedings. Instead of fourth respondent, the power of attorney of the fourth respondent signed the statement and a copy of the power of attorney, so executed by the fourth respondent and was produced as Annexure A3.

(3.) Learned counsel appearing for the petitioners, respondents 3 to 7 and learned Public Prosecutor were heard.