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. 3988 of 2010(C) ------------------------------------- (CRIME NO.467/2007 OF KASARGOD POLICE STATION, KASARGOD) .............. PETITIONERS/ ACCUSED 1 TO 4: ----------------------------------------------- 1. MUHAMMED P.A., S/O. ABOOBACKER, AGED 40 YEARS, THASHKANT HOUSE, PANALAM.P.O., CHEROOR, CHENGALA, KASARGOD. 2. KHADEEJA P.A., W/O. IBRAHIM, AGED 45 YEARS, KANIYADKKAM COMPOUND, INDIRA NAGAR, CHENGALA, KASARGOD. 3. K. MUHAMMED, S/O. MOOSA, KEMMAMGAYA, PADI VILLAGE AND POST, KASARGOD. 4. T.K. REHMAN, S/O. MOIDEENKUNJU, THOTTUMKARA, NEKRAJE VILLAGE AND POST, KASARGOD. BY ADV. SRI.S.JIJI. RESPONDENTS/ STATE & DEFACTO COMPLAINANT: ---------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTING S.I. OF POLICE, KASARGOD POLICE STATION, KASARGOD, THOURHG THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RUKMINI, AGED 39 YEARS, D/O. BABU, AJAKODE HOUSE, PADY VILLAGE, EDANEER POST, KASARGOD. R1 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD, R2 BY ADV. SMT.LISHA M.G. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3988 OF 2010 --------------------------------------------- Dated 26th October, 2010 O R D E R Petitioners are the accused and second respondent, the de facto complainant in Crime No.467/2007 of Kasargod Police Station registered under Annexure-A1 FIR for the offences under Sections 419, 465 and 420 read with Section 34 of Indian Penal Code and Section 3(i) (v) of Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act. Case was registered based on a complaint filed by the second respondent alleging that after death of her father, petitioners fraudulently forged a document to show that property was transferred and thereby committed the offences. Petition is filed Crmc 3988/10 2 under Section 482 of Code of Criminal Procedure, to quash the proceedings contending that entire disputes were settled amicably between the petitioners and second respondent and therefore, second respondent has no subsisting grievance against the petitioners and therefore it is to be quashed. 2. Second respondent appeared through a counsel and filed an affidavit stating that entire disputes were amicably settled and after registration of the case, petitioners have transferred the property as per registered sale deed No.4549/2010 of SRO,Badiadka dated 8/9/2010 and in such circumstances, she has no subsisting grievance against the petitioners. 3. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. Crmc 3988/10 3 4. Annexure-A1 FIR with FI statement establish that offence alleged against the petitioners are purely personal in nature. Affidavit filed by the second respondent establishes that entire disputes were settled with the petitioners. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC), when the offences alleged are purely personal in nature and there has been settlement of the disputes with the petitioners and second respondent, it is not in the interest of justice to continue the prosecution. Petition is allowed. Crime No.467/2007 of Kasargod Police Station is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.