IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 Crl.MC.No. 4623 of 2010() ------------------------------------ CC.851/2005 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... PETITIONER(S): ACCUSED 1 & 2: ------------------------------------------------ 1. BAIJU, AGED 48, S/O.RAMANAN, KAKKAPARAMBATH VELI HOUSE, WARD NO.28, CHERTHALA NORTH VILLAGE, CHERTHALA. 2. KUNJUMON, AGED 57, S/O.MOOSA, PENGATTIRI VEEDU, IX/594 NELLAI VILLAGE, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.M.R. ARUN KUMAR RESPONDENT(S): STATE, COMPLAINANT & DEFECTO COMPLAINANT: ------------------------------------------------------------------------------------------------------ 1. STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION, KOCHI CITY, ERNAKULAM-682031 3. MUHAMMED BASHEER, AGED 28 YEARS, S/O.APPATTU KUNJAROO, KALATHUM THODI VEEDU, MAPRAM DESOM, CHERUVAYUR AMSOM, VAZHAKADU VILLAGE, ERANADU TALUK, MALAPPURAM DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR SRI. P.A.SALIM R3 BY ADV. SRI. P.P.PADAMALAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4623 of 2010 -------------------------- ORDER Petitioners are the accused and third respondent, the defacto complainant in C.C.No.851/2005 on the file of Judicial First Class Magistrate's Court-II, Ernakulam, taken cognizance for the offences under Sections 406 and 420 read with Section 34 of Indian Penal Code on Annexure-II final report. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes with the third respondent were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. Third respondent appeared through a counsel and filed an affidavit stating that entire disputes with the petitioners were settled amicably and consequent to the settlement, he has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, third respondent and learned Public Prosecutor were heard. CRMC 4623/10 2 4. Prosecution case, as seen from Annexure-II final report, is that on 9.6.2003, petitioners handed over a cheque for Rs.30,000/- to the third respondent towards repayment of Rs.30,000/- received by them assuring that visa for the third respondent to go abroad will be arranged. The cheque was dishonoured when presented for encashment and thereby, petitioners committed offences under Sections 406 and 420 read with Section 34 of Indian Penal Code. The offences alleged against the petitioners are purely personal in nature. Affidavit filed by the third respondent establishes that he has settled all the disputes with the petitioners. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), when the offences alleged against the petitioners are purely personal in nature and all the disputes were settled amicably, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.851/2005 on the file of Judicial First Class Magistrate's Court-II, Ernakulam is quashed. 20th December, 2010 (M.Sasidharan Nambiar, Judge) tkv