IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 Crl.MC.No. 531 of 2010(F) ------------------------------------ (CRIME NO.2294/2009 OF THE CENTRAL POLICE STATION, ERNAKULAM) ...... PETITIONERS/ACCUSED NOS. 1 & 2: ----------------------------------------------------- 1. RAKESH GUPTA, MANAGING DIRECTOR, S.R.FOILS AND TISSUES LTD., 2ND FLOOR, VARDHAMAN PLAZA, 2ND BLOCK, COMMUNITY CENTRE, RAJOURI GARDENS, NEW DELHI. 2. K.SASIDHARAN, KRISHNA VILASOM, MATTOM NORTH, MAVELIKKARA. BY ADV. MR.S.RAJEEV. RESPONDENTS/STATE: ----------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.2294/2009, ERNAKULAM CENTRAL POLICE STATION). 2. P.SREEKUMAR, MANAGING PARTNER, M/S.SEECO VENTURES, ERNAKULAM, AMMENCOIL ROAD-KOCHI:682 035. R1 BY PUBLIC PROSECUTOR MR. P.A. SALIM, R2 BY ADVS. MR.S.SANTHOSH KUMAR, SMT.P.LISSY JOSE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.531 of 2010 -------------------------- ORDER Petitioners are the accused and second respondent, the defacto complainant, in Crime No. 2294/2009 of Ernakulam Central Police Station, registered under Annexure-I FIR for the offences under Sections 120B, 406 and 420 read with Section 34 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure contending that entire disputes with the second respondent were settled amicably and in view of the settlement, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed Anenxure-II agreement dated 4.2.2010 to the effect that matter has been settled after accepting cheque for Rs.7,69,311/- dated 2.2.2010, drawn on State Bank of India, Commercial Branch, New Delhi and decided to terminate the proceedings CRMC 531/10 2 and in view of the settlement, second respondent has no objection for quashing the proceedings. Annexure-IV affidavit is filed by the second respondent in his capacity as the Managing Partner of M/s.Seeco Ventures, Ernakulam. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 4. Offences alleged against the petitioners are purely personal in nature as against M/s.Seeco Ventures, Ernakulam. Second respondent, as its Managing Partner, filed Annexure-IV affidavit stating that entire disputes with the petitioners were settled amicably and Annexure-II agreement was executed, where under, a cheque for Rs.7,69,311/- was received and therefore, second respondent has no objection for quashing the proceedings. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), when the offences alleged are purely personal in nature and the affidavit CRMC 531/10 3 filed by the second respondent establishes that there was an amicable settlement of all the disputes, it is not in the interest of justice to continue the prosecution. Petition is allowed. Crime No.2294/2009 Central Police Station, Ernakulam is quashed. 19th February, 2010 (M.Sasidharan Nambiar, Judge) tkv