Kochi, Oct 26 (PTI) The Kerala High Court has quashed the criminal case registered against Malayalam actor Nivin Pauly on a complaint of financial fraud, after the complainant and the actor amicably settled their dispute.
An FIR under sections 406 (criminal breach of trust) and 420 (cheating) of the IPC had been registered against Pauly last year on the complaint by P S Shamnas, who was the co-producer of the actor’s 2022 film ‘Mahaveeryar’.
Justice P V Balakrishnan quashed the FIR, noting that both sides have amicably settled their disputes, which led to the registration of the crime.
The order came on a plea moved by the actor seeking quashing of the FIR.
The court observed that the offences alleged against the petitioner (Pauly) were “not serious in nature and do not have a serious impact on society”.
“That apart, I am of the view that no purpose will be served in continuing with the prosecution since the chances of the petitioner getting convicted are bleak,” Justice Balakrishnan said.
Pauly had moved the court seeking quashing of the FIR on the ground that the dispute, which led to the registration of the crime, has been settled between him and Shamnas.
Both sides told the court that there is no subsisting grievance between them and they do not wish to pursue the case.
The prosecution also told the court that the state has no objection to quashing the proceedings against the petitioner.
Shamnas, in his complaint, had alleged that as ‘Mahaveeryar’ was not a commercial success, Pauly had offered to pay him Rs 95 lakh.
Subsequently, the actor also promised to make him a partner in his upcoming film ‘Action Hero Biju 2’, directed by Abrid Shine. Earlier, Shamnas had alleged that he was made to spend around Rs 1.9 crore for the shooting of the movie.
The movie was also registered as being made under the banner of Shamnas’s company — Indian Movie Makers — the complaint had claimed.
However, Pauly and Shine had allegedly entered into a Rs five crore distribution arrangement of the film with a Dubai-based firm on the basis of an earlier contract, which showed that the movie was being made under the actor’s production house, Shamnas had alleged. PTI HMP ADB
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