Petitioners are accused 1 and 2 in Crime No.371 of 2010 of Pathanamthitta Police Station for offences punishable under Sections 406 read with Section 34 of the Indian Penal Code(for short, “the IPC”). That case was registered on a complaint preferred by the first respondent. According to the first respondent, her daughter was studying for nursing course in a college at Thumkur in Karnataka State. First petitioner is her teacher and hostel warden and the second petitioner, her class mate. It is the case of the first respondent that she gave a demand draft for `.82,000/- to his daughter for remitting college fee and the daughter gave the demand draft to the first petitioner. First petitioner instead of remitting the fee of first respondent's daughter misappropriated the amount and remitted the same towards the fee payable by the second petitioner. According to the petitioners, the amount covered by the demand draft in favour of the daughter of first respondent was remitted in the account of the second petitioner due to a mistake. Later, the mistake was found out, the demand draft of the second petitioner was also traced and the amounts were correctly entered in the account of the daughter of first respondent and the second petitioner. It is submitted that the parties have settled the dispute and accordingly first respondent has sworn an affidavit stating that she has no grievance in the matter.
