Kerala High Court
Dr. R. Mahendran vs State Of Kerala on 10 February, 2025
IN THE HIGH COURT OF KERALA AT ERNARULANM PRESENT THE HONOURABLE NR. GUSTICE V.G.A RUN MONDAY, THE 10°" DAY OF FEBRUARY 2025 / 21ST MAGHA, 1946 ORL. MC NO. 8512 oF soz4 CRIME NO. 767/2024 OF Attingal Police Station, Thircuvananthapuram IN CMP NO.5203 OF 2024 Of JUDICIAL MAGISTRATE OF FIRST CLASS ~D, ATTINGAL BETITIONERS /ACCUSED 1-3: & DR. R. MASENDRAN, AGED 61 YEARS 8/0. Reine SF. NO. 42- "aSeA, _VADAKRIPALAYAM ROAD, R NADU, INDIA, "PIN - "6a2002 ABRIRAMT MARENDRAN, AGED 38 YEARS W/O. DR. R. MABENDRAN, SF. NO. 42-43+A, VADASKIPADAYAN ROAD, & PONSAPURAM P.O, BOLDACRY VILLAGE , COINBATORE |. TAMIL NADU, INDIA, BIN - S42002 REERTHAN MAHENDRAN, AGED 31 YEARS 8/O. OR. R. MARENDRAN, SF. NO. €2-43-A, VADARRIPALAYAN ROAD, R POWNAPURAM P.O, POLLACRI VILLAGE, COIMBATORE, TAMIL WADU, INDIA, PIN - 6€asdo2 BY ADVS. A.C. VENUGOPAL VIDRYA. A.C A. KUMAR (SR.) PR. OINISH PAUL SNEBA V. STATE OF RERALA, REP.BY ITS BUBLIC BROSECUTOR, HIGH COURT OF RERALA. ERNAKULAN, BIN - §82031 MIDRUN CRANDRAN, S/O. BALACHANDRAN, CHIRATHALAKKALVEEDU,T B JUNCTION, ATTINGAL, ATTINGAL VILLAGE, THIRUVANANTHAPURAM, RERALA, PIN ~ 95101 BY ADVS. * ASAPALI RASHEED G .NQORANAL ANTTEA M.N. (REM) LALTESA. fF. ¥ SR. ADV. A. KUMAR FOR THE PETITIOWER. SMT. PUSHPALATHA, M.K, SR PP. THIS CRININAL MISC. CASE RAVING COME UP FOR ADNISsTON on 10.02.2025, THE COURT ON TRE SAME DAY PASSED THE FOLLOWING: ORDER
Dated this the 10" day of February, 2025 Petitioners are accused Nos.1 to 3 in Crime No.767 of 2024 registered at the Attingal Police Station for offences punishable under Sections 420 and 406 rfw Section 34 of IPC.
2. The crime is registered on the allegation that the accused caused the defacto complainant to import 7827 Kas of vanilla from his company promising to pay price for the imported goods within 14 days. Contrary to the promise, accused failed to pay the amount as promised, thereby committing the alleged offences.
3. Learned Senior Counsel for the petitioners and learned Counsel for the 308 4 respondent/complainant submits that the dispute, which gave rise to the complaint and registration of the crime is settled amicably In mediation and a settlement agreement is executed. Based on the settlement, post dated cheques have been handed over to the complainant towards the payment and complainant has no objection in further proceedings in crime being quashed, 4, [heard the learned Public Prosecutor also,
5. Having considered the nature of the offences alleged and in view of the settlement arrived between the parties, continuance of the criminal proceeding will be an empty formality. Therefore, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v State of Punjab [(2008) 4 Another [(2012) 10 SCC 303), the proceedings can be quashed.
In the result, this CriM.c is allowed by making the terms of agreament part of this order and quashing Annexure 20 FIR and all further proceedings in Crime No.?767 of 2024 registered at the Attingal Police Station.
Sd/-
V.G.ARUN JUDGE APPENDIX OF CRE .MC 8812/2028 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF TRE PURCHASE ORDER DATED 28.04.2023 Annexure 2 Aunewure 3 anremire: 4 Annexure 5 Annexure &§ aAvnexiure Annexure § Annexure & Aree 0 annexure 27 TRUE COPY ISSUED BY = EXPOVAN TRUE COPY REGARDING TRUE COPY ISSUED BY OF THE INVOL cE DATED i2. OS. 2029 OF THE TRANSACTION DETAILS THR TRANSEESR DATED 25.05.2023 'OF TEE INVOICE DATED 01..06.20235 THE VANILLA GLOBAL LTD. TO M/S. EXPOVAN TRUE COPY OF THE TRANSACTION DETATES REGARDING THE TRANSFER DATED 10.14.2023 YRUE COPY OF THE TRANSACTION DETAILS REGARDING THE TRANSFER DATED 17.11.2023 TRUE COPY OF THE TRANSACTION DETAILS REGARDING THE TRANSFER DATED 29.12.2023 TRUE COPY OF THE EMAIL DATED 07.03.2024 SENT BY TRE SRO PETITIONER TO TRE 2ND RESPONDENT. DEFACTO COMPLAINANT TRUE COPY OF THE EMAIL DATED 14.03.2024 SENT BY TRE DEPACTS. COMPLAINANT TO PHE SRO PETITIONER = TRUE COPY OF THE AXIS BANK STATEMENT OF M/S. EXPOVAN SHOWING TRE TRANSFER. DATED 14.03.2024 TRUE COPY OF THE EMAIL DATED 14.03.2024. SENT BY 3RD PETITIONER TO DEFACTO COMPLALNANT REGARDING THE DETAILS OF ARNSTUTS Anhexsire Annexure ARPES APM ere ANNSKUTS Annexure ARNRKUrA Annexure iz i3 18 iS L& 7 is is 20 R21 TRUE COPY OF THE EMAIL. DATED 17,03 .2024 SENT SF THE DEFACTO COMPLAINANT TO THE SRD PETITIONER TRUE. COPY OF THE EMAIL DATED 27.05.2024 SENT By TEE iST PETITIONER TO JDPT, eRUE CORY OF THE BMATL DATED 14.04.2024 SENT BY YEE 3RD PETITIONER ON BEHALF oF M/S. EXBOVAN TO THE DEFACTO COMPLAINANT TRUE COPY OF THE SMATED DATED 34.04 2024 'FROM THE DEPACTO COMPLAINANT TO THE 23RD PETITIONER TRUE COPY OF THES EMAIL DATED 15.04.2024 SENT BY SRO PETITIONER TO NEPACTO COMPLAINANT. REGARRING THE DETAILS OF PAYMENT MADE TRUE COPY OF THE AXIS BANK STATEMENT oF M/S... EXPOVAN SHOWING THE TRANSFER TRUE COPY OF THE SUSPENSION LETTER ISsvED me JDOFY DATED 03.05.2024 To M/S. CERTIFIED COPY OF THE COMPLAINT FILED BY TEE DEE an COMPLATNANT. aS CME BO. Ra tee CLASS MAGISTRATE COURT, " RTTINGAL TRUE. COPY OF TRE FIR NO. 767/2024 oF ATTINGAL POLICE SYATION DATED 13.06.2034 TRUE COPY OF THE POWER OF ATTORNEY GIVEN BY. iia ast AND £NQ PETITIONERS TO THE 3RD RESPONDENTS EXHIBITS : NEL TRUE CODY B.A. TO JUDGE et Hider, above 806, righ Court autsing,€ Srnakaiany, Make Sh xapoaee 25882 aa) | eMChieg No. aaa 3 oh eee eke. the Noval officer, ' . High Cowt Mediation C entre, ; To | ' The Registrar Gudidiad.
High Cou re of Kerai BS Emakalam.
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| J - oe Sub: "Mediation of case 'referred b ny the Hae' ble High Court of Kerala - Ref: Referral ore ines, lated 85) 2 ~ 2.]24-... rasevepseesbsnanie"
dated . pene sa af the Honorable y e High Court oF Kerdta Pam to. forward heres rk t 1 Report of the Meciater in the matter AONg . "Yours Faith fully, eo Ermakulam Mediation Carers Erehe dh. Report of the Nediater, : settlement. rareenient
2. Copy of the refernd! onder dated 22 ee the Hi ighe "PH tof Kerata E. Copy ef the, Petit ton :
BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM Crh MC No, BSS of 208s rR. Mahendran & Others : Petitioners State of Kerala & Others « Respondent Mediated, Settied, 'Terms of settlement are attached herewith, 'Dated this the 6° day of February, 2025. Adv.Mulidmmed Yusuf. K.M. Mediator High Court Mediation Centre BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULJ CeL Mc. Ne. 8512 at 2024 Dr. Mahendran & Others > Be POTEET Ss State of Kerala & Others > Respondent MEMORANDUM OF MEDIATION BESTLEMENT AGREEMENT UNDER RULES 24 OF THE CIVIL PROCEDURE (MEDIATION) RULES, 2008. Heth parties agree ta settle the matter on the following terme and Sansiions, a WHEREAS, the First Parties are partners of the partnership firm by name and stvle "ENPOVAN having its primary place of business at Pollachi at the Second Party is a Managing Director of the Company by name "Vardlia Global anited" registered! and aperating in Uganda: WHEREAS, the Firat Parties for and on behalfof EXPOVAN have placed orders for purchase of vanilla beans and Vanitie Gh Limited. Uganda alse supplied Vanilla. for which the First Parties as the Partners of M/s Expowan are liable to pay an outstanding of Rs. 4.80.00.000/~ (Rupees Four Crores Sixty Lakhs Only) inclusive of interest, Petitioners Respondent No.2 LDr BR. Mahentdran Wy er Midhun Chandran eee nes neem sree Through his Power of" Attor Spey Halder the 3° Petitioner Neerthan Maher eipan. Through her Power of Attorney Holder the 3° Petitioner Reerthan Mahenedran. {2} WHEREAS, the Second. Party In order te get the money back hi a complaint before the Learned Magistrate Attingal and on direction an FIR has been registered by Attingal Police Station In FIR. No. 767 of 2024 for offences under section 420,406 and 34 of IPC. WHEREAS. In the complaint if has been stated that there Is an outstanding amount of USD 5,66, 175.00 WHEREAS, in inet the outstanding is anly USD 4.86,173.00 WHEREAS, the First Parties has Hed a Cri. M.C.Na. ASio af 2024. on the fle of Hen'ble High Court of Kerala at Ernakulam. WHEREAS. on reference to niediation certime for an amicable solution, the parties negotiated: and have arrived ata consensus to give closure of above dispute between the parties. WHEREAS. the Second Pay ty has also complained before the Joint Direetor of Foreign Trade which resulied In suspension of Import Export Code HE).
The parties have decided to execute a Memorandum of settlement in this regard on the following terms and conditions. oy, .§ : y nae se BO Midhun Chandran Petitioners Respondent Now 1L.Onk.Mahendran 4 Through his Power of Attorney Holder the 3° Petitioner Keerthan Mahendgart.
2.Abhiramd Mabendran wi die ae ae aoa Through her Power of Attorney Holder the 3° Seen eeeaad (Sh
1. The parties mutually agrees that the outstanding « ue together with 92 interest shall be a sum of Rs. 4.60,00,000/- (Rupees Four Crores and Sixty Lakhs only} all put together and the Second Party on behalf of the af the above FIR No. 78% af 2024 and cancellation of look aut notice as:
against First Parties, on signing of this Memorandum of settlement, as the same was inetituted to recower the amount. The First Party has explained that they had no intention of cheating and criminal breach trust and the Second Party has accepted the explanation believing as true, on signing this settlement,
2. The First Parties has paid a sum of Rs.25.00,000/- (Rupees Twenty Five Lakhs Only) by Demand Dralt drawn on Axis Bank, Pollachi Branch dated 80.01.2085 bearing no. O8SG48 in faveur of the Second Party and the same was acknowledged by the Second Party.
8, The First Parties shall pay.a sum of Rs. 75,00,000/- [Rupees Seventy:
Fiee Lakhs only) towards 2° instalment of the total agreed settlement amount on or before 04.08; 2085. a poat-cdated cheque in this regard will alsa be issued on 10.02.2025 ta the Secund Party.
1.Dr. RMahendran Michun Chandran Through his Power of Aitorney Holder the 3° z Through her Power of Attorney Hol Petitioner Reerthan Mahbendran a
4.The Second party on receipt of the sum of Rs. 75.00000/-
[Rupees Seventy-Pive Lakhs only) agrees to give a proper written communieation directly in person to the Joint Director of Foreign 'Trade (FOGFT) intimating the settlement and that they have no objection in reviving the IEC of M/s Expovan and communicate the acknowledgement of the JDGPT an their letter af revocation of "pension of LEC to the First Parties on or before 10.03.2025. . The First Parties on receiving the acknowledgment of GDGFT to the secorul party on revocation of TRC shall pay é another sum of as 3 instalment ty the second party. 6 The second pe arty further agrees that the balance sum. of Rs.8.10.00,000/- (Rupees Three Crores and Ten Lakhs only} shall be paid by the following instalments:
Petitioners LDR Maherviran 'Through his Power of Attorney Holder the 3° Pet doner Keerthan Mahendra. _ lo i brs :
eo Eh eres, NT
2.Abhiraml Mahendran 4) .
Through her Power of Attorney Holder the 3"
Petitioner Reerthan Mahendran.
3.Keerthan Mahendra Respondent No.3.
(5) RE 4" dristalment.
avithin 30 dave from the date parent of OF"
Rs.62,.09,000 /-
instalment 5 Awithin 36 before 02.06.2025) payment of 4° Inetalinent Le. ono S* instalment iwithin BO ds from. tHe: ochete payment of 5. in He OLOF BOIS) i he faden' (6, OFF OF Rs.62,.00,000 /-
: Ff instalment Jfeithin 30. deys from tue date paprment af Ge bedore 02.08.2088) tnstabmerdt he. on:
atalment SO. <k fadihin sop Beene OPE | before OS. 08-2029) iatalment he. on or fram the cate oof Rs.62,00,000/-
FOTAL Petitioners Rs, as L.DrR.Mahendran Holder the 3° Yr der the 2° Respondent No. Midhun Chandran he @
7. The First Parties agree to issue post-dated cheques for the payments agreed under clause 4 to 6 supra on 10.02.2025, and on receipt of the said cheques, the second party has no ob} ving of PIR No. YO? of 2084 of Attingal Police Station and cancellation of Look-out notices issued againat the first parties, by «his Mon'ble court in the Criminal Crh M-CUNG. 8512 of 2024.
&. Jn the event of any delay in getting be tid) the date in cla se § supra, the post-dated cheques tssued for the payments under clauses 5 & § shall be presented after such number délaved days fram. the date of cheques, fe.. iP there is a delay of 10 days from 10.05.2085, the cheque for paymient urmdler clause § though dated 9.04. 2085 shall be presented om 12.04.2025. G. The Secand Party declares that the payment aforesaid are received by Aim through the cheques drawn in his individual name for the amount due by M/s. Expovan to Vanilla Global Limited, Uganda and hereby agrees to indemnity the First Parties and M/s.Expovan in the event of any claim in future by the company Vanilla Global Limited, Uganda. Petitioners Respondent. Nod 1D. Mahendran mae Midhun Chandran Through his Pewer of Attorney Holder the 3° Petitioner Keerthan Mahendran. @ Abhirami Mahendran Through her Power of Attorney Holder the 8° Petitioner Keerthan Mahendran. Sa The I* Respondent is only a fer
7)
10. The parties mutually agree that they shall net initiate any other legal proceeding agsinat cach other far enforcing transaction before any gifer forum at any later point of time. except for non-compliance or Than adherence of terms and conditions agreed to under this mediated. Settlement Agreement.
al party and net s signatory to Uils Hement agreenment.
Dated this the 6° day of February, 2025. Petitioners: Respondent Nod 10; Mahbemiran be ys Midhiuin Chancdrart pb neccce ase tanennere:
pie:
Through bis Power of Attorney Holder the 3" Petitioner Reerthan Mahendran, a @Abbirami Maherviran x, --
PENTE 'Through ber Power of Attorney H loldér the o° Petitioner Keerthan. Maheny pean & 3 Reerthan Mahendran espana Counsel for Hie Petitioners This setilement agreement is authenticated by me.
Ag Muhambred Yusuf K.M (Mediator)