IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932 Crl.MC.No. 4905 of 2010() ------------------------------------- (CRIME NO.902/2010 OF THODUPUZHA POLICE STATION PRESENTLY BEING INVESTIGATED AS CRIME NO.461/CR/10/KTM IN CRIME BRANCH, ECONOMIC OFFENCE WING, KOTTAYAM) ..... PETITIONER(S): ACCUSED NOS.1 AND 2: ------------------------------------------------------------- 1. M/S. DBFS SECURITIES LTD., (FORMERLY SELECT STOCK BROKERS LTD.), SMART CENTRE, MKK NAIR ROAD, VAZHAKKALA, KOCHI, REPRESENTED BY ITS MANAGING DIRECTOR,PRINCE GEORGE. 2. PRINCE GEORGE, MANAGING DIRECTOR, DBFS SECURITIES LTD., SMART CENTRE, MKK NAIR ROAD, VAZHAKKALA, KOCHI. BY ADVS. SRI.SOORAJ T.ELENJICKAL, SRI.M.A.JOSEPH MANAVALAN. RESPONDENT(S): DEFACTO COMPLAINANT/INJURED PERSONS & COMPLAINANT/STATE: ---------------------------------------------------------------- 1. JAMES K.GEORGE, S/O. GEORGE, KURUVINAKUNNEL HOUSE, EDAMATTOM P.O., PALA. 2. ROSY @ ROSE JAMES, W/O. JAMES K.GEORGE, KURUVINAKUNNEL HOUSE, EDAMATTOM P.O., PALA. 3. V.L.JOSEPH, S/O. LONI, VADAKKEKALAM HOUSE, KALLAN ROAD, ALAPPUZHA. 4. STATE OF KERALA, THROUGH DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH, ECONOMIC OFFENCE WING, KOTTAYAM, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 TO R3 BY ADVS. SRI.GEO PAUL, SRI.SANU MATHEW, SRI.NOEL JOSEPH, SRI.M.B.SANDEEP, SRI.K.V.REJANISH. R4 BY PUBLIC PROSECUTOR SRI. P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ---------------------------------- Crl.M.C. No. 4905 of 2010 --------------------------------- Dated this the 15th day of December, 2010 ORDER Petitioners are the accused in Crime No.902/2010 of Thodupuzha Police Station registered under Annexure-II F.I.R, based on Annexure-III compliant filed by the first respondent before Chief Judicial Magistrate, Thodupuzha and sent for investigation under Section 156(3) of Code of Criminal Procedure. Respondents 2 and 3 are also persons who allegedly sustained monitory loss, as per Annexure-III complaint. 2. Petition is filed under Section 482 of Code of Criminal Procedure to quash the F.I.R and further proceedings, contenting that entire disputes were subsequently settled amicably with respondents 1 to 3 and consequent to the settlement, respondents 1 to 3 have no subsisting grievance against the petitioners and therefore, it is not in the interest of justice to continue the prosecution. 3. Respondents 1 to 3 appeared through a counsel and filed separate affidavits stating that they have settled all the disputes with the petitioners and therefore, they have no objection for Crl.M.C. No. 4905 of 2010 2 quashing the proceedings. 4. Learned counsel appearing for the petitioners, respondents 1 and 3 and learned Public Prosecutor were heard. 5. The crime was registered based on the complaint filed by the first respondent. The offence alleged against petitioners are purely personal in nature. Affidavits filed by the respondents 1 to 3 establish that they have settled all the disputes with the petitioners. As held by Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC), when the offences alleged are purely personal in nature against respondents 1 to 3 and they have settled the disputes with the petitioners, it is not in the interest of justice to continue the prosecution against the petitioners. Petition is allowed. Crime No.902/2010 of Thodupuzha Police Station registered under Annexure-II F.I.R as against petitioners is quashed making it clear that investigation can be proceeded against the other accused. M.SASIDHARAN NAMBIAR, JUDGE. ln