IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 Crl.MC.No. 3583 of 2008() ------------------------- CC.280/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR .................... PETITIONER(S): ACCUSED 1 AND 2 ------------------------------ 1. SREEKUMARI V.ALIAS KUMARI RAJ, W/O.RAJAN T.NAMBIAR, THUVATTU HOUSE, POST NADUVATTOM, KUTTIPPURAM, MALAPPURAM DISTRICT. 2. RAJAN T.NAMBIAR, S/O.ACHUTHAN NAMBIAR, THUVATTU HOUSE, POST NADUVATTOM, KUTTIPPURAM, MALAPPURAM DISTRICT. BY ADV. SRIC.M.MOHAMMED IQUABAL RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. P.T.SHEEJISH, S/O.IBRAHIM, PALLIPPATTU THOOMBAN HOUSE, THALAKKADATHUR, TIRUR TALUK, MALAPPURAM DISTRICT. ADV. SRI.S.SHAJI FOR R2 PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3583 of 2008 ---------------------------------------- Dated this the 14th day of October 2008 O R D E R The petitioners are accused 1 and 2 in a prosecution for offences punishable inter alia under Sections 468 and 420 read with 34 I.P.C. The crux of the charge against the petitioners is that they, in furtherance of their common intention, fraudulently issued a cheque on a cheque leaf issued to the second accused by his Bank on an account which was closed long back. The first accused allegedly signed the same and thus induced the de facto complainant to part with an amount of Rs.5,00,000/-. Crime was registered. Investigation was conducted. Final report was submitted to the learned Magistrate and cognizance was taken by the learned Magistrate. The matter is pending before the learned Magistrate now. 2. At this stage, the petitioners/accused and the second respondent/complainant have come before this court through their counsel to report to the court that they have settled all their outstanding disputes and the second respondent has compounded the offences allegedly committed by the petitioners. The second respondent has appeared through Crl.M.C.No.3583/08 2 counsel. An affidavit duly attested by counsel has been filed by the second respondent. It is submitted at the Bar also that the parties have willingly and voluntarily settled their disputes and the second respondent has compounded the offences allegedly committed by the petitioners. 3. I am satisfied from the totality of inputs available that the parties have willingly and voluntarily settled their disputes and the second respondent has compounded the offences allegedly committed by the petitioners. If legally possible and permissible, I am satisfied that the composition can be accepted and premature termination of the proceedings can be brought about. But the offence under Section 468 I.P.C is not legally compoundable under Section 320 Cr.P.C. The learned counsel for the contestants, in these circumstances, rightly rely on the decision in Madan Mohan Abbot v. State of Punjab [2008 AIR SCW 2287]. 4. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor submits that the State has no objection against the quashing of proceedings. Crl.M.C.No.3583/08 3 5. I am satisfied that the dispute is one which is purely personal and private between the parties and that no purpose will be served by unnecessary continuance of the proceedings. This, I am satisfied, is an eminently fit case where powers under Section 482 Cr.P.C as enabled by the dictum in Madan Mohan (Supra) can safely be invoked to bring to premature termination the prosecution against the petitioners. 6. In the result, a) This Crl.M.C is allowed. b) C.C.No.280/2005 of J.F.C.M, Tirur in which the petitioners are the accused and the second respondent is the de facto complainant is hereby quashed. c) Needless to say, the proceedings under Section 446 Cr.P.C, if any, pending against the petitioners and their sureties shall be disposed of by the learned Magistrate, in accordance with law. (R.BASANT, JUDGE) jsr Crl.M.C.No.3583/08 4 Crl.M.C.No.3583/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008