Allowed¶37

Lingcon Biswas, v. State of Kerala

Kerala HC10 Mar 2025Crl.MC/635/2025

Case brief

AI extract

What is this about?

Settlement-based quashing of FIR — Kerala HC, single judge (V.G. Arun), 10.03.2025, CRL.MC 635/2025 allowed; quashes FIR No.588/2024 of Mala Police Station (Annexure 1A, JFCM-I Chalakkudy, dated 26/05/2024) and all further proceedings against accused Lingcon Biswas; offences under Sections 420, 406 IPC and Section 66 IT Act (cheating, criminal breach of trust, IT offence); Rs. 5,64,000 collected on promise to double amount; amicable settlement evidenced by Annexure II affidavit of de facto complainant Rince Anto dated 20/1/2025; no public interest; abuse of process; precedents relied on: Madan Mohan Abbot (2008) 4 SCC 582; Gian Singh (2012) 10 SCC 303.

What did the court decide?

Annexure 1 FIR and all further proceedings in Crime No.588 of 2024 of Mala Police Station, as against the petitioner, quashed. ¶37

Lingcon Biswas, Vs State of Kerala — Cheating and Forgery | Kerala HC (2025)

What the court decided

AI extract

Outcome

Annexure 1 FIR and all further proceedings in Crime No.588 of 2024 of Mala Police Station, as against the petitioner, quashed.

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Issue for consideration

Whether, the dispute between the petitioner and the 2nd respondent having been amicably settled with no public interest involved, the FIR in Crime No.588/2024 of Mala Police Station and all further proceedings against the petitioner ought to be quashed.

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Court's answer

Having perused the settlement affidavit (Annexure II), the Court accepted that its contents were vouched to be true and voluntary by the Counsel for the 2nd respondent.

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Ratio / Principle

The Court was satisfied that no public interest is involved in the matter and that the dispute has been settled amicably.

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Key takeaways

In view of the settlement there is no possibility of the criminal proceedings ending in conviction, and continuance of the proceedings will amount to an abuse of process of court.ratio¶36
Relying on 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], the Court found no impediment in granting the relief of quashing.ratio¶36

Detailed headnote1 paragraphs

High Court of Kerala (Ernakulam) — Crl.MC No. 635 of 2025 (V.G. Arun, J.; decided 10.03.2025) — Crime No.588/2024 of Mala Police Station, offences punishable under Sections 420 and 406 IPC and Section 66 of the Information Technology Act — petitioner, the accused, allegedly collected Rs. 5,64,000 from the de facto complainant/2nd respondent by promising to double the amount without providing returns or refund — dispute subsequently amicably settled; Annexure II affidavit of settlement sworn by the de facto complainant dated 20/1/2025, contents vouched true and voluntary by counsel for the 2nd respondent — Court satisfied no public interest involved; no possibility of proceedings ending in conviction; continuance would amount to abuse of process — legal position 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] relied upon — Annexure 1 FIR and all further proceedings against the petitioner quashed; Crl.MC allowed.

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2025:KER:19880

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CRL.MC NO. 635 OF 2025

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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MONDAY, THE 10TH DAY OF MARCH 2025 / 19TH PHALGUNA, 1946

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CRL.MC NO. 635 OF 2025

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CRIME NO.588/2024 OF MALA POLICE STATION, THRISSUR

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PETITIONER:

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LINGCON BISWAS,
AGED 28 YEARS
S/O.ANGSHUMAN BISWAS,
SONGHATAKALITALAPARA,
CHAU GACHHA, CHOWGACHA,
KRISHNAGANJ NADIA,
WEST BENGAL,
PIN - 741509

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BY ADVS.
EBIN MATHEW
P.J.MATHEW
AKHILA SHOJI
KRISHNAPRIYA PRASAD

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031

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2RINCE ANTO,
S/O ANTO. T.J,
THALIYATH HOUSE,
MELADOOR. P.O,
ALATHUR,

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2025:KER:19880

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CRL.MC NO. 635 OF 2025

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2
THRISSUR DISTRICT,
PIN - 680741

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BY ADVS.
K.A.MANZOOR ALI
MEHARUNNISA NAJEEB
SRI. M.C. ASHI, PP.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 10.03.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:

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CRL.MC NO. 635 OF 2025

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2025:KER:19880

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ORDER

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Dated this the 10^th day of March, 2025

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The petitioner is the accused in Crime No.588 of 2024 registered at the Mala Police Station for offences punishable under Sections 420 and 406 of the Indian Penal Code and Section 66 of the Information Technology Act.

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The crime was registered on the allegation that, the accused, after collecting Rs. 5,64,000 from the de facto complainant/2nd respondent by promising to double the amount, did not provide the promised returns or refund the amount.

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Learned Counsel for the petitioner submitted that the dispute, which led to the incident and registration of the crime, is amicably settled and Annexure II affidavit has been filed by the 2^nd respondent vouching this fact.

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Learned Counsel for the 2^nd respondent also

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submitted that the dispute is settled and their client has no grievance against the petitioner.

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I heard the learned Public Prosecutor also.

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2025:KER:19880

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CRL.MC NO. 635 OF 2025

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Having considered the gravity of the offences

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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.

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In the result, this Crl.M.C is allowed. Annexure 1 FIR and all further proceedings in Crime No.588 of 2024 of Mala Police Station, as against the petitioner, is quashed.

Sd/-

V.G.ARUN, JUDGE

SPV

CRL.MC NO. 635 OF 2025

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2025:KER:19880

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APPENDIX OF CRL.MC 635/2025

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PETITIONER’S ANNEXURES

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ANNEXURE 1A TRUE COPY OF FIR NO. 588/2024
REGISTERED BEFORE HON’BLE JUDICIAL FIRST
CLASS MAGISTRATE-I, CHALAKKUDY DATED
26/05/2024
ANNEXURE IITHE AFFIDAVIT OF SETTLEMENT SWORN BY THE
DE-FACTO COMPLAINANT (2ND RESPONDENT
HEREIN) DATED 20/1/2025

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RESPONDENTS’ ANNEXURES: NIL

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//TRUE COPY//

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PA TO JUDGE

Lingcon Biswas, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Lingcon Biswas, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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