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2025 DIGILAW 1084 (KER)

Ashok Kumar Gadiya, S/o. Lale Nand Gadiya v. State of Kerala

2025-04-11

V.G.ARUN

body2025
ORDER : V.G.ARUN, J. The petitioners are accused Nos.1 and 2 in Crime No.11 of 2025 registered at the Kalamasserry Police Station for offences punishable under Sections 406, 420, 34 and 506 of the Indian Penal Code. 2. The crime was registered on the allegation that between 2017 and 2023, the 1 st accused, who was the Chairman of Manwar University, the 2 nd accused, the Vice Chancellor of Manwar University, and the 3 rd accused, an approved academic center agent, conspired to gain unlawful profits from the de facto complainant and deceived him by falsely promising to arrange admissions for the students of his parallel college. Under this assurance, they collected a sum of Rs.1,48,60,000/- and transferred it to the bank account of Manwar University. However, they subsequently failed to fulfill their assurance. 3. Learned counsel for the petitioners submitted that the dispute, which led to the incident and registration of the crime, is amicably settled and Annexure A3 affidavit has been filed by the 2 nd respondent vouching this fact. 4. Learned counsel for the 2 nd respondent also submitted that the dispute is settled and her client has no grievance against the petitioners. 5. The Public Prosecutor submits that the 2 nd respondent has given a statement to the effect that settlement is only with the petitioners (accused Nos.1 and 2). 6. Having considered the gravity of the offences alleged and having perused the affidavit, the contents of which are vouched to be true and voluntary by the counsel for the 2 nd respondent, I am satisfied that no public interest is involved in this matter and the dispute has been settled amicably. In view of the settlement, there is no possibility of the criminal proceedings ending in conviction. As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v State of Punjab [ (2008) 4 SCC 582 ] and Gian Singh v State of Punjab and Another [ (2012) 10 SCC 303 ], there is no impediment in granting the relief. In the result, this Crl.M.C is allowed. In the result, this Crl.M.C is allowed. Annexure A1 complaint numbered as CMP No.2088 of 2024 filed before the Judicial First Class Magistrate Court, Kalamassery, Annexure A2 FIR in Crime No.11 of 2025 of Kalamasserry Police Station and all further proceedings thereon, as against the petitioners, is quashed.