IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 Crl.MC.No. 4090 of 2010() ------------------------------------ (CC.132/2008 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA) .................... PETITIONER(S): ACCUSED -------------------------------------- 1. GEETHA, AGED 26 YEARS, W/O.AJI, KALLITTAYIL VEEDU, EZHUMANNIL MURUPPU, V KOTTAYAM VILLAGE, KOZHENCHERRY TALUK, PAHANAMTHTTA DISTRICT. 2. AJI, AGED 32 YEARS, S/O.SATHANANTHAN, KALLITTAYIL VEEDU, EZHUMANNIL MURUPPU, V KOTTAYAM VILLAGE, KOZHENCHERRY TALUK, PAHANAMTHTTA DISTRICT. BY ADVS. SRI.M.T.SURESHKUMAR SRI.RAJA VIJAYARAGHAVAN RESPONDENT(S): DEFACTO COMPLAINANT AND STATE --------------------------------------------------------------------------------- 1. THULASEEDHARAN PILLAI, AGED 52 YEARS, THULASI BHAVANAM, V KOTTAYAM VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. PIN- 686 586. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.K.P.HARISH R2 BY PUBLIC PROSECUTOR SRI.I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/11/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4090 of 2010 -------------------------- ORDER Petitioners are the accused in C.C.No.132/2008 on the file of Chief Judicial Magistrate's Court, Pathanamthitta, taken cognizance for the offences under Sections 408, 420, 468 and 477A read with Section 34 of Indian Penal Code on Annexure-A2 final report. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes with the first respondent were settled amicably. 2. First respondent appeared through a counsel and filed an affidavit stating that he has settled all the disputes with the petitioners and therefore, he has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. 4. Prosecution case is that petitioners were the staff of Srilakshmi Financiers run by the first respondent and with the intention to cheat the CRMC 4090/10 2 financiers, petitioners misappropriated amounts due to 82 witnesses mentioned in the final report and forged receipts and thereby committed the offences. 5. Offences are not purely personal in nature against the first respondent. Though first respondent sustained loss, the affected parties are the witnesses mentioned in the charge sheet. In such circumstances, the case cannot be quashed based on the settlement arrived at with the first respondent alone. If petitioners settle the disputes with all the witnesses mentioned in the final report, they are at liberty to approach this Court again and this order will not be a bar. Petitioners are also entitled to raise all the contentions raised herein before the learned Magistrate and seek an order of discharge under Section 239 of Code of Criminal Procedure if charge is not framed. Petition is disposed. 24th November, 2010 (M.Sasidharan Nambiar, Judge) tkv