IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 Crl.MC.No. 620 of 2011() ------------------------ CMP.5782/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, PUNALUR .................... (CRIME NO.345/2007 OF EROOR POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- 1. PADMAVATHY, W/O. KUTTAPPAN, JAYA BHAVAN, EROOR P.O., EROOR VILLAGE, PUNALUR. 2. K.P.JAYAPRAKASH, S/O. KUTTAPPAN, JAYA BHAVAN, EROOR P.O., EROOR VILLAGE, PUNALUR. BY ADVS. SRI.ALEXANDER GEORGE, SRI.Y.A.RAHIM. RESPONDENT(S): STATE/COMPLAINANT: -------------------------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031. 2. STATION HOUSE OFFICER, EROOR POLICE STATION, PUNALUR, KOLLAM DISTRICT, PIN-690 001. 3. K.P.JAYASREE, W/O. PREMNATH, SWAPARNIKA, HOUSE NO.7, CHEMPAKA NAGAR, BAKERY JUNCTION, THAIKKADU, THIRUVANANTHAPURAM, PIN-695 001. R1 & R2 BY PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA R3 BY ADV. SRI.J.ABHILASH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.620 of 2011 -------------------------------------- Dated this the 9th day of March, 2011. ORDER This petition is to quash proceedings against petitioners in Crime No.345 of 2007 of Eroor Police Station and all proceeding taken pursuant to the registration of that case. The case was registered on the complaint of respondent No.3. Petitioner No.1 is the mother of petitioner No.2 and respondent No.3. Her grievance is that petitioner No.1 with the assistance of petitioner No.2 forged an agreement as if it is executed by her, sold the rubber trees situated in her property to one Anil Kumar and collected Rupees six lakhs. There were certain civil cases between the parties. In the meantime they have settled the whole disputes including the civil cases and accordingly a compounding petition is filed in this Court requesting to quash proceedings against petitioners. 2. Respondent No.3 is represented by counsel. I have heard learned counsel and the learned Public Prosecutor. Annexure-3 is a letter dated 29.01.2011 addressed by respondent No.3 to respondent No.2 where it is stated that all disputes between the parties including civil cases are settled, respondent No.3 has been assigned 46 cents of land belonging to petitioner No.1 and hence further action is not required in Crime No.345 of 2007. Annexure-4 is the Crl.MC No.620/2011 2 copy of compromise petition in O.S.No.332 of 2006 of Munsiff Court, Punalur. That case was disposed of as settled between the parties. There also, there is reference to respondent No.3 filing a petition to withdraw the complaint in Crime No.345 of 2007. Annexure-5 is a similar petition filed in O.S.No.272 of 2008 of the Sub Court, Kottarakkara. That case was also disposed of by settlement. It is seen that parties have settled the dispute. Essentially the dispute concerned right over immovable property. In the circumstances I am inclined to allow the request. Resultantly this petition is allowed. Annexure-2, FIR in Crime No.345 of 2007 of Eroor Police Station and all proceeding taken thereto against petitioners are quashed. THOMAS P.JOSEPH, Judge. cks