IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 Crl.MC.No. 3730 of 2008() ------------------------- CRIME NO.351 OF 2006 OF ERNAKULAM TOWN SOUTH POLICE STATION CC.479/2007 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... PETITIONERS/A1 & A2: --------------- 1. K.N.UNNI, AGED 57 YEARS S/O. NARAYANAN, CHAKKALAPARAMBIL HOUSE SHRI HARI, CHANGANAD DESOM,THEVARA, KOCHI 682 013. 2. PADMA, W/O. K.N. UNNI, AGED 48 YEARS CHAKKALAPARAMBIL HOUSE, SHRI HARI, CHANGANAD DESOM,THEVARA, KOCHI 682 013. BY ADV. SRI.G.PRIYADARSAN THAMPI RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED SUB INSPECTOR OD POLICE ERNAKULAM SOUTH POLICE STATION, THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. 2. C.K.RAJAPPAN, AGED 73 YEARS, S/O.KRISHNAN, CHAKKALAPARAMBIL HOUSE CHANGANAD DESOM, THEVARA, KOCHI 682 013. R1 BY PUBLIC PROSECUTOR SRI. GIKKU JCOB ADV. SRI.P.B.ASOKAN FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3730 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of October, 2008 O R D E R The petitioners are accused 1 and 2 in a prosecution launched for offences punishable under Sections 120B, 406 and 420 r/w. 34 I.P.C. Altogether there are three accused persons. Investigation is complete. Final report has already been filed. 2. The crux of the allegations is that a property which belongs to the defacto complainant and accused 1 and 2 jointly was sold by accused 1 and 2 to the third accused with fraudulent and objectionable motives and the defacto complainant's share of sale proceeds was not paid to him. Cognizance was taken on the basis of the final report submitted by the police after due investigation. A further investigation was directed to be conducted by the police. Such investigation is almost complete and the police have decided now to submit a further report to refer the crime. It is at this stage that the petitioners have come Crl.M.C.No. 3730 of 2008 2 to this Court with a prayer that the cognizance taken against them as also the third accused as C.C.479 of 2007 may be quashed. 3. The learned counsel for the petitioners submits that the disputes between the parties have been settled and the second respondent/defacto complainant has compounded the offences allegedly committed by the petitioners herein as also the third accused. In these circumstances, accepting the dictum in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19) the proceedings against all the accused may be quashed invoking the jurisdiction under Section 482 Cr.P.C., it is prayed. The defacto complainant has filed an affidavit to confirm that he has settled the disputes and has compounded the offences allegedly committed by the accused. The civil proceedings between the parties has also been compromised, it is further submitted. A joint application for composition has been filed by the petitioners herein and the second respondent duly counter signed by their counsel. All concerned submit that the disputes having already been settled and the second respondent having compounded the offences allegedly committed by all the accused persons, C.C. 479 of 2007 filed on the Crl.M.C.No. 3730 of 2008 3 basis of the final report in Crime No. 351 of 2006 of Ernakulam Town South Police Station may be quashed. 4. Notice was given to the learned Prosecutor, who confirms that further investigation has revealed that no offence has been committed by the accused in this case and a negative further final report will immediately be filed. The State has no objection, in these circumstances, in the proceedings being quashed, submits the Prosecutor. 5. Having considered all the relevant circumstances, I am satisfied that this is an eminently fit case where powers under Section 482 Cr.P.C. as enabled by the dictum in Madan Mohan Abbot (supra) can safely be invoked to bring to premature termination the proceedings against the petitioners and the third accused. 6. In the result: a) This Crl.M.C. is allowed. b) C.C.479 of 2007 pending before the Addl. C.J.M., Ernakulam against the petitioners herein and the third respondent, in which the second respondent is the defacto complainant, is hereby quashed. Crl.M.C.No. 3730 of 2008 4 c) Needless to say, proceedings, if any, pending against the petitioners and their sureties under Section 446 Cr.P.C. shall be disposed of in accordance with law. (R. BASANT) Judge tm