IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 Crl.MC.No. 3633 of 2010() ------------------------- CC.627/2004 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... (CRIME NO.294/2003 OF ERNAKULAM TOWN NORTH POLICE STATION) ... PETITIONER(S): ACCUSED NO. 1 TO 4: ----------------------------------------------------------- 1. THOMAS JOHN AMBOOKEN, HIMAS COMPLEX, KOMPARA JN, ERNAKULAM. 2. T.R.GEORGE, THOTTIYIL HOUSE, ELAMKULAM ROAD, KALOOR, COCHIN - 17. 3. JOHNY THOMAS, PATTUPARAMBIL HOUSE, ETTUKATTIL TEMPLE ROAD, ELAMAKKARA, COCHIN - 26. 4. SHEELA XAVIER, W/O.LATE DR.T.R.XAVIER, THOTIYIL HOUSE, KALOOR, COCHIN - 17. BY ADV. SRI.SOORAJ T.ELENJICKAL RESPONDENT(S): DEFACTO COMPLAINANT, CHARGE WITNESS NO.1 AND COMPLAINANT STATE: --------------------------------------------------------------------- 1. P.J.JOSEPH, PUTHIYAPARAMBIL HOUSE, KALOOR, COCHIN - 17. 2. STATE OF KERALA THROUGH SUB INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA. R1 BY ADV. SRI. SHAIJAN C.GEORGE R2 BY PUBLIC PROSECUTOR SRI.P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3633 of 2010 -------------------------- ORDER Petitioners are the accused in C.C.No.627/2004 on the file of Judicial First Class Magistrate's Court-II, Ernakulam, taken cognizance for the offences under Sections 120B, 420, 417, 403 and 409 read with Section 34 of Indian Penal Code on Annexure-1 final report. Prosecution case is that in furtherance of their common intention to cheat, petitioners conspired together and persuaded first respondent, the defacto complainant, to deposit Rs.3,70,000/- with Aiswarya Financiers, run by them and did not repay the amount and thereby, committed the offences. 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 and first respondent has no subsisting grievance against the petitioners. CRMC 3633/10 2 2. A statement is filed by the first respondent along with the petitioners stating that entire disputes between them were settled amicably and in view of the settlement, it is not in the interest of justice to continue the prosecution and the case is to be quashed. 3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. 4. Annexure-1 final report, taken cognizance by the learned Magistrate, establishes that offences alleged against the petitioners are purely personal in nature as against the first respondent. The joint statement filed by the first respondent and petitioners establishes that entire disputes between the parties were settled amicably. In such circumstances, there is no likelihood of a successful prosecution. Therefore, it is not in the interest of justice to continue the prosecution. CRMC 3633/10 3 Petition is allowed. C.C.No.627/2004 on the file of Judicial First Class Magistrate's Court-II, Ernakulam is quashed. 3rd September, 2010 (M.Sasidharan Nambiar, Judge) tkv