BASHEER K.V. Vs. STATE OF KERALA

JUDGEMENT

(1.) ORDER This is an application filed by accused numbers 1 to 3 in Crime No.2899/2012 of Central Police Station, Ernakulam to quash the proceedings on the basis of settlement u/s 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that petitioners are accused in Crime no.2899/2012 of Central Police Station, Ernakulam. The case was registered on the basis of the complaint given by the de facto complainant against the petitioners alleging offences u/s 406 and 420 r/w Section 34 of Indian Penal Code. The matter has been now settled between petitioners and respondents 2 to 8 who according to the prosecution were the persons alleged to have been cheated by the petitioners. In view of the settlement there is no possibility of conviction. Since the matter is in the crime stage neither the police nor the court will drop the proceedings. So they have no other remedy to approach this court seeking the following reliefs:

(3.) LEARNED Public Prosecutor, on instructions, as directed by this court, submitted that there is no other case against the petitioners but opposed the application.