VIJESH Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS petition is filed by the accused requesting to quash proceedings against him in Crime No.961 of 2011 of the Fort Police Station, Thiruvananthapuram. Annexure-A is the FIR for offences punishable under Sections 408, 465 and 420 of the Indian Penal Code. Case is that petitioner who was an employee of a Financial Institution replaced gold ornaments with fake ornaments, fabricated receipts and cheated respondent No.2 to the tune of Rs.6,50,000/-. Petitioner seeks to quash proceeding on the strength of the compromise reached with the second respondent who has sworn Annexure-B, affidavit to that effect. I have heard learned counsel for petitioner, respondent No.2 and the learned Public Prosecutor. Learned Public Prosecutor submitted that as per order dated 12.1.2011 of the ADGP, Crimes the case has been transferred to the CBCID (EOW-1) which has re-registered the case as 12/CR/EOW/1-KLM/2011 and started investigation. After taking over the investigation that wing again questioned the witnesses concerned who confirmed fact of settlement. Learned counsel for petitioner submits that petitioner is a young boy who got the employment immediately his study was over and happened to commit a mistake. Learned counsel for second respondent submitted that respondent No.2 has been compensated for the loss caused to it.

(2.) OFFENCES alleged are serious in nature. But no other case is reported against the petitioner. May be, he has committed a folly in getting involved in such a case. In the light of the settlement and compensating second respondent I am inclined to think that further investigation and filing of final report will be a wasteful exercise. I am also inclined to give petitioner an opportunity to correct himself and be a good citizen of the country rather than falling into bad company and spoiling his life and the Society as well. In the circumstances I am inclined to allow this petition. Resultantly, this Criminal Miscellaneous Case is allowed. Annexure-A, FIR in Crime No.961 of 2011 of Fort police station, Thiruvananthapuram and the FIR in Crime No.12/CR/EOW/1- KLM/2011 of CBCID (EOW-1) Thiruvananthapuram against petitioner are quashed. I make it clear that this order concerns only the one complaint that respondent No.2 has preferred against petitioner.