SAJEER Vs. STATE OF KERALA

JUDGEMENT

(1.) THE above petition is filed under Section 482 of the Criminal Procedure Code (for short 'Cr.P.C.') at the instance of the petitioner, who is accused in Crime No. 654/2014 of Kadakkal Police Station for the offences punishable under Sections 418, 420, 471 and 34 of I.P.C. with a prayer to quash Annexure - 1 pending against the petitioner befpre the Kadakkal Police Station as the matter is settled out of court.

(2.) THE allegation in the above case is that the petitioner along with the 2nd accused in furtherance of their common intention to cheat de facto complainant called her over the phone and represented himself as a Revenue official attached to the Taluk Office, Kottarakara and told her that an amount of Rs.3 lakh has been allowed to her from the Chief Minister's relief fund towards medical expenses incurred towards the treatment of her late husband. He also told that to release the said amount she will have to pay an amount of Rs.1 lakh in advance to the 2nd accused. Thereupon the 2nd accused representing as the staff approached her and obtained Rs.1 lakh and gave a cheque of Rs.2 lakh and thus, they committed the aforesaid offences, and now, the case of the petitioner is that the matter is settled out of court.

(3.) THE learned counsel for the petitioner submitted that during the pendency of the above crime, the matter is settled amicably between the parties to the dispute which is the subject matter of the above crime. Therefore, the continuation of the proceedings in the above crime is abuse of process of law and proceedings.