IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 Crl.MC.No. 3696 of 2009() ------------------------------------ (SET ASIDE CRIME NO.83/09 OF CHOMBALA POLICE STATION) PETITIONER(S): DEFACTO COMPLAINANT: -------------------------------------------------------------- 1. MARIAM VKT, AGED 57, W/O. MAMU, THAMAM, AZHIYOOR.P.O, KOZHIKODE. 2. K.K. SAJEER, AGED 24, S/O USMAN, KIZHAKKEYIL HOUSE, AZHIYOOR.P.O, VADAKARA, KOZHIKODE. BY ADV. SRI.K.S.MADHUSOODANAN SRI.K.VISWAN SRI.T.V.JAYAKUMAR NAMBOODIRI RESPONDENT(S): COMPLAINANT AND FORMAL PARTY: -------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, CHOMBALA POLICE STATION, VADAKARA, KOZHIKODE. BY PUBLIC PROSECUTOR MR.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: mns M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3696 OF 2009 ------------------------------------------ Dated 17th November 2009 O R D E R First petitioner is the de facto complainant and second petitioner, the accused in crime No.83/2009 of Chombala police station registered under Annexure-II FIR, for the offences under Sections 354 and 394 of Indian Penal Code based on Annexure-I complaint filed before Circle Inspector of Police and sent to Station House Officer, Chombala police station for necessary action. This petition is filed under Section 482 of Code of Criminal Procedure to quash FIR and further proceedings contending that the incident arose in respect of a monetary transaction and it was settled between the petitioners and by Annexures-III and IV agreements were entered into and in view of the settlement, it is not in the interest of justice to continue the prosecution. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Annexure-III and IV agreements Crmc 3696/09 2 establish that entire disputes between first petitioner and second petitioner were settled amicably. Annexure-I complaint establish that the offence alleged against second petitioner are purely personal in nature against first respondent. In such circumstances, when the disputes were amicably settled between the parties, it is not in the interest of justice to continue the prosecution as held by the Apex court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC). Petition is allowed. Crime No.83/2009 of Chombala police station is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.