MANJU Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are accused Nos. 1 and 3 in C.C. No. 70/2021 pending before the Judicial First Class Magistrate, Nedumkandam, which arose from Crime No. 317/2019 of Nedumkandam police station. That crime was registered on the basis of the complaint preferred by the fourth respondent, Eliyamma T.M. before police. On that basis, the crime was registered alleging offence under Ss. 420 read with 34 of the Indian Penal Code against four persons. On the conclusion of investigation, charge sheet has been laid before court against three persons. It is stated that the 1st accused died during the course of investigation; the second accused also passed away after laying the charge sheet and now the petitioners have settled the dispute with the fourth respondent, defacto complainant. In support of the said settlement, Annexure A3 affidavit of the fourth respondent also has been brought in where she has averred that the dispute has been settled amicably due to the intervention of family members and common friends and she has no objection in quashing the criminal proceedings.

(2.) Heard the learned counsel for the petitioners as well as the learned Senior Public Prosecutor.

(3.) According to the learned counsel for the petitioners, in fact they were employees of an institution run by the deceased second accused, even though they had not collected any money from the fourth respondent, they were forced to settle the transaction with the fourth respondent. It is also pointed out that Moncy Biju, who is the first accused in the FIR also is no more.