IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 27TH OCTOBER 2010 / 5TH KARTHIKA 1932 Crl.MC.No. 4328 of 2010() ----------------------------------- ( CC.171/2006 of CHIEF JUDICIAL MAGISTRATE COURT, MANJERI) .................... PETITIONER(S): ACCUSED ------------------------------------- RAJESH.A.T., S/O.VIJAYAN, CHERUPARAKKALPURAL HOUSE, ANANDAYOOR, VAZHAKKAD.P.O., MALAPPURAM DISTRICT. BY ADVS. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): COMPLAINANT-STATE ---------------------------------------------------------- 1. HASIF.V.P.M.@ V.P.MUHAMMED HASIF, S/O.ABDULLA, VADAKKEMGARA PALLIKKARA HOUSE, PAYYANAD.P.O., MALAPPURAM DISTRICT-676 122. 2. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SMT.SARASWATHI PALEREKEEZHIL BY PUBLIC PROSECUTOR SRI.I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4328 OF 2010 =========================== Dated this the 27th day of October,2010 ORDER Petitioner is the accused and first respondent the de facto complainant in C.C.171/2006 on the file of Chief Judicial Magistrate Court, Manjeri taken cognizance for the offence under sections 420 and 468 of Indian Penal Code on Annexure B final report submitted in Crime No.155/2006 which was registered based on Annxure A complaint filed before Chief Judicial Magistrate, Manjeri and sent for investigation under section 156(3) of Code of Criminal Procedure. The prosecution case in Annexure B final report is that on 23.12.2005 at about 6 p.m. petitioner came to the house of the first respondent and asked for a loan of Rs.75,000/- and in the presence of witnesses issued a cheque drawn in the Service Crl.M.C.4328/2010 2 Co-operative Bank, Vazhakkad and when the cheque was presented for encashment, it was dishonoured as signature differs and the cheque so issued was not in the account of the first respondent but in the account of his mother and petitioner thereby committed the offence. This petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings pending before the learned Magistrate contending that entire disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed a joint petition stating that all the disputes were settled amicably between them and consequent to the settlement, they have compounded the matter and therefore it is not in the interest of justice to continue the prosecution. 3. Learned counsel appearing for the petitioner, first respondent and learned Public Crl.M.C.4328/2010 3 Prosecutor were heard. 4. Learned Public Prosecutor also submitted that in view of the settlement between the petitioner and first respondent there is no objection for quashing the proceedings. 5. The offences alleged, as is clear from Annexure A complaint and Annexure B final report, are purely personal in nature against first respondent and first respondent settled the disputes with the petitioners. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), in such circumstances it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.171/2006 on the file of Chief Judicial Magistrate Court, Manjeri is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006