IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 Crl.MC.No. 3929 of 2009() ----------------------------------- CC.81/2000 of CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM .................... PETITIONERS/ACCUSED 1 TO 3 --------------------------------------------- 1. UNNIKRISHNA PILLAI, S/O.GOPINATHA PILLAI, KOLATTU VADAKKATHIL VEEDU, KANNIMEL CHERRY, KAVANADU, SAKTHIKULANGARA, KOLLAM. 2. RAJENDRAN PILLAI, S/O.KRISHNA PILLAI, NJARAKKATTU KIZHAKKETHIL MANNIMEL CHERRY, SAKTHIKULANGARA, KOLLAM. 3. SANTHOSH, S/O.HARIDASAN, KUNNATHU KAVU, LAKSHAM VEEDU, NO.12, MUNDAKKAL VILLAGE, KOLLAM. BY ADV. MR.VINOY VARGHESE KALLUMOOTTILL RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, KOLLAM. 3. ROBERT, S/O.GEORGE, SREESYLAM, PATTATHANAM EAST WARD, VADAKKEVILA VILLAGE, KOLLAM. R1 & R2 BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.3929 OF 2009 ------------------------------------------ Dated 4th December 2009 O R D E R Petitioners are the accused and third respondent the de facto complainant in C.C.81/2000 on the file of Chief Judicial Magistrate, Kollam taken cognizance for the offences under Sections 419, 420 and 468 read with Section 34 of Indian Penal Code on Annexure-A2 final report. Prosecution case is that in furtherance of their common intention, first petitioner entrusted his title deeds and other documents to petitioners 2 and 3 and in furtherance of their dishonest intention to cheat, induced third respondent to enter into an agreement for sale and executed an agreement dated 30/7/1999 by third accused, as if he executed the agreement and thereby cheated third respondent and Rs.2,00,000/- paid by him as advance consideration was misappropriated. This petition is filed under Section 482 to Code of Criminal Procedure to quash the cognizance taken and all further proceedings contending that entire Crmc 3929/09 2 disputes were settled amicably between the parties and therefore, it is not in the interest of justice to continue the prosecution. Annexure-A1 agreement entered into by third respondent and the petitioners was produced in support of the case that there has been a settlement. 2. Third respondent appeared through a counsel and filed an affidavit stating that entire disputes were settled and Annexure-A1 agreement was entered into and consequent to the settlement third respondent has no grievance against the petitioners and he has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, third respondent and learned Public Prosecutor were heard. 4. Offences alleged against the petitioners are purely personal in nature. Prosecution case is that petitioners, in furtherance of their common intention dishonestly induced third respondent to enter into an agreement for sale and the agreement was entered into by third petitioner, as if it is being executed by the first petitioner and thereby the petitioners misappropriated Rs.2,00,000/- paid as advance amount. Crmc 3929/09 3 Annexure-A1 agreement and affidavit filed by third respondent establish that entire disputes were settled amicably. In such circumstances, as held by the Apex court in Manoj Sharma v. State (2008 (4) KLT 417 (SC)) and Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC), it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.81/2000 on the file of Chief Judicial Magistrate, Kollam is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.