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. 3177 of 2009 --------------------------------------- CC.403/2007 of JUDL.MAGISTRATE OF FIRST CLASS-II, CHERTHALA .................... PETITIONER/ACCUSED: C.G.MOHANDAS, AGED 50 YEARS, S/O. GOPALAN, CHETTICHA VEETTIL, WARD NO.X, THANNEERMUKKOM PANCHAYATH, CHERTHALA TALUK. BY ADV. SRI.C.K.SAJEEV RESPONDENTS/COMPLAINANT & STATE: 1. VARANAM SERVICE CO-OPERATIVE BANK LTD. NO.1317, REPRESENTED BY ITS SECRETARY, VARANAM P.O., CHERTHALA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.T.JAYAKRISHNAN FOR R1 PUBLIC PROSECUTOR SRI.S.U.NAZAR FOR R2 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.3177 of 2009 -------------------------- ORDER Petitioner is the accused and first respondent, the defacto complainant in C.C.No.403/2007 on the file of Judicial First Class Magistrate's Court-II, Cherthala, taken cognizance for the offences under Sections 420, 406, 408, 468 and 477A of Indian Penal Code upon Annexure-B final report. This petition is filed under Section 482 of Code of Criminal Procedure to quash the case contending that petitioner has remitted the entire amount due to the first respondent Bank and first respondent agreed to settle the disputes and in such circumstances, it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a counsel. Along with the petitioner, first respondent filed Crl.M.Appl.No.5657/2009 stating that entire disputes between the parties were settled and CRMC 3177/09 2 petitioner has remitted the entire amount due to the first respondent Bank to its full satisfaction and in such circumstances, the case is to be quashed. First respondent filed a separate statement to the effect that as petitioner has remitted the entire amount due to them to its full and final satisfaction and voluntary retirement was allowed, they have no objection for quashing the proceedings. 3.Learned counsel appearing for the petitioner, first respondent and learned Public Prosecutor were heard. 4. Annexure-A complaint, based on which the FIR was registered and Annexure-B final report establish that offences alleged against the petitioner are purely personal in nature as against the first respondent Bank. Joint statement filed by the petitioner and first respondent as well as the statement of the first respondent establish that entire amount due to the first respondent has CRMC 3177/09 3 already been remitted by the petitioner and consequently, there was a complete settlement of all the disputes between the petitioner and first respondent. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), when there is a complete settlement of all the disputes, it is not in the interest of justice to continue the prosecution, especially when, consequent to the settlement, there is no likelihood of a successful prosecution. Petition is allowed. C.C.No.403/2007 on the file of Judicial First Class Magistrate's Court-II, Cherthala is quashed. 20th October, 2009 (M.Sasidharan Nambiar, Judge) tkv