IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 Crl.MC.No. 3540 of 2008() ------------------------- CC.144/2007 of CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA .................... PETITIONER(S): ACCUSED 1-4 ---------------------- 1. P.V.SANTHOSH AGED 38 YEARS, MANAKKADU P.O. THODUPUZHA, IDUKKI DISTRICT. 2. SEETHA RAMAN, AGED 54 YEARS, SUBETHU HOUSE, STAE BANK COLONY OTTAPALAM P.O., PALAKKADU DISTRICT. 3. BINOY GEORGE, AGED 38 YEARS, KANIYAMKUZHIYIL HOUSE, PALA ROAD, THODUPUZHA P.O., IDUKKI DISTRICT. 4. VILBERT JACOB ITTIKKAL PUTHENPURAYIL HOUSE, AGED 27 YEARS, MANAKKADU P.O., THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.K.S.ARUN KUMAR SMT.M.N.MAYA RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. P.S. SUBEESH AGED 40 YEARS, S/O. SANKA PILLAI, POTHANAMKUZHIYIL HOUSE, THODUPUZHA P.O., IDUKKI DISTRICT. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB ADV. SRI.P.K.VARGHESE FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3540 of 2008 ---------------------------------------- Dated this the 29th day of September 2008 O R D E R Petitioners face indictment as accused 1 to 4 in a prosecution for offences punishable inter alia under Sections 471,465,488 and 477A I.P.C. Cognizance has been taken on the basis of a final report submitted by the police after due investigation. The crime in turn was registered on the basis of a private complaint filed by the second respondent herein which was referred to the police under Section 156(3) Cr.P.C. Investigation is complete. Final report has been filed. Calender case has been registered. The same is pending before the learned Chief Judicial Magistrate, Thodupuzha. Summons has already been issued to the witnesses to commence trial, it is submitted. At this stage, the petitioners/accused and the second respondent/ de facto complainant have come before this court with a prayer that powers under Section 482 Cr.P.C may be invoked as enabled by the dictum in Madan Mohan Abbot v. State of Punjab [2008 AIR SCW 2287] to bring to premature termination the proceedings against the petitioners. It is Crl.M.C.No.3540/08 2 submitted that the parties have settled their disputes and the de facto complainant/the second respondent has compounded the offence allegedly committed by them. The crux of the allegations is about forgery committed in respect of a rent deed. The dispute is a purely personal and private one between the parties. Ground realities may be taken into account. No useful purpose is likely to be achieved by further progress of the trial in this case. The interests of optimum use of judicial time may also be borne in mind. In any view of the matter, the continuation of the prosecution would be an exercise in futility now the disputes having been settled between the parties, it is submitted. The second respondent has appeared through counsel. The counsel confirms that the matter has been settled and the offence alleged has been compounded by the second respondent. An affidavit has been filed by the second respondent to confirm that there has been settlement and composition of all the offences allegedly committed by the petitioners. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor submits that the State has no objection against quashing of proceedings invoking the dictum in Crl.M.C.No.3540/08 3 Madan Mohan (Supra), the parties having settled all the disputes. 3. Having considered all the relevant circumstances, I am satisfied that this is an eminently fit case where the jurisdiction under Section 482 Cr.P.C as enabled by the dictum in Madan Mohan (Supra) can be invoked and premature termination of proceedings can be brought about. 4. In the result, a) This Crl.M.C is allowed. b) C.C.No.144/07 of the learned Chief Judicial Magistrate, Thodupuzha against the petitioners in which the 2nd respondent is the de facto complainant is hereby quashed. c) Needless to say, the proceedings, if any, initiated against the petitioners and sureties shall be disposed of in accordance with law. (R.BASANT, JUDGE) jsr Crl.M.C.No.3540/08 4 Crl.M.C.No.3540/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008