IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 Crl.MC.No. 3966 of 2010() ------------------------ CC.409/2010 OF JUDL. FIRST CLASS MAGISTRATE COURT-II, KANNUR .................. PETITIONERS / ACCUSED : ------------------------------------ 1. AZAD, S/O.HAMEED, AGED 38 YEARS, KALATHIL HOUSE, P.O.KANNUR CITY, THAYYIL, KANNUR. 2. AFSATH, W/O. AZAD, AGED 35 YEARS, KALATHIL HOUSE, P.O.KANNUR CITY, THAYYIL, KANNUR. BY ADVS. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.LEELA R. RESPONDENTS / COMPLAINANT & STATE ---------------------------------- 1. PUTHIYAPURAYIL MASHOD, S/O.KOYA, AGED 35 YEARS, RESIDING AT FADIYA, THANA, P.O.CHOVVA, KANNUR DISTRICT- 676 013. 2. THE S.I.OF POLICE, KANNUR TOWN POLICE STATION. R1 BY ADV. SRI. JOJO GEORGE R2 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3966 OF 2010 --------------------------------------------- Dated 26th October, 2010 O R D E R Petitioners are the accused and first respondent, the complainant in C.C.409/2010 on the file of Judicial First Class Magistrate's Court-II, Kannur, taken cognizance on Annexure-A1 protest complaint, after a refer report was submitted by Investigating Officer in Crime No.114/2009 of Kannur City Police Station registered for the offence under Sections 415 and 420 of Indian Penal Code and Sections 24(1)(a)(g) of Emigration Act. Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes were settled amicably with the first respondent respondent 2. First respondent appeared through a Crmc 3966/10 2 counsel and filed Annexure-A2 affidavit stating that entire disputes were settled amicably and consequent to the settlement, he has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. 4. Annexure-A1 complaint shows that case of the first respondent is that promising to arrange visa, petitioners fraudulently and dishonestly induced him to pay Rs.65,000/- and though he was sent to Qatar, it came to his knowledge that petitioners are not recruiting agents and they do not have any certificate from the registering authority. They did not provide the job offered and thereby cheated the first respondent to the tune of Rs.65,000/-. 5. Affidavit filed by first respondent establishes that he has settled all the Crmc 3966/10 3 disputes with the petitioners. Offences alleged are purely personal in nature against first respondent. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC), when the offences alleged against the petitioners are purely personal in nature, against first respondent, and affidavit filed by the first respondent establishes that he has settled all the disputes with the petitioners, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.409/2010 on the file of Judicial First Class Magistrate's Court-II, Kannur is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.