IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 Crl.MC.No. 3074 of 2009 --------------------------------------- CC.434/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, WADAKKANCHERY .................... PETITIONER/ACCUSED NO.3: SREELAL, S/O.GOPALAKRISHNAN, AGED 33 YEARS, KOYAPURATH HOUSE, CHERUVALLI, KOTTAYAM. BY ADV. SRI.NIREESH MATHEW RESPONDENTS/COMPLAINANT: 1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PAZHAYANNUR POLICE STATION, THRISSUR DISTRICT, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.CHANDRABHANU, GENERAL MANAGER OF SDF INDUSTRIES LTD., S/O.KRISHNAN, NO.50, RAJ VIHAR, DLRA 25, BUNGALOW LANE, VIKAS BHAVAN, THIRUVANANTHAPURAM. ADV. SRI.M.KRISHNAKUMAR FOR R2 SMT.PRABHA R.MENON FOR R2 PUBLIC PROSECUTOR SRI.S.U.NAZAR FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3074 of 2009 -------------------------- ORDER Petitioner is the third accused in C.C.No. 434/2007 on the file of Judicial First Class Magistrate's Court, Wadakkanchery, taken cognizance for the offences under Sections 447, 427 and 277 of Indian Penal Code upon Annexure-A final report submitted by Sub Inspector of Police, Pazhayannur. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case as against the petitioner contending that second respondent, the defacto complainant, has already amicably settled the disputes with the petitioner and as per Annexure-R2A decision of the Board of Directors of the Company, the General Manager Sri.K.Charndrabhanu is authorised to take steps to withdraw/compound/ settle the criminal cases and in view of the settlement, it is not in the interest of justice to continue the prosecution. CRMC 3074/09 2 2. Second respondent appeared through a counsel and filed a statement to the effect that the defacto complainant company M/s.SDF Industries Ltd., by the decision of the Board of Directors dated 31.7.2009, resolved that prosecution need not be continued and it is to be compromised and he was authorised to file an affidavit to that effect and he has no objection for quashing the proceedings. 3.Learned counsel appearing for the petitioner, second respondent and learned Public Prosecutor were heard. 4. Annexure-A final report shows that offences alleged against the petitioner are purely personal in nature as against the second respondent. Annexure-B compromise deed establishes that there was a complete settlement of all the disputes between the parties. Annexure-R2A decision of the Board of Directors of the Company authorises the second respondent to settle all the disputes with the petitioner. In view of the settlement between CRMC 3074/09 3 the petitioner and second respondent, as held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.434/2007 on the file of Judicial First Class Magistrate's Court, Wadakkanchery as against the petitioner is quashed. 20th October, 2009 (M.Sasidharan Nambiar, Judge) tkv