IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 Crl.MC.No. 936 of 2009() ------------------------ CC.2183/2003 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... PETITIONER(S): /ACCUSED 1 TO 3 ----------------------------------------- 1. K.G.BABU, S/O. GEORGE, S.R.PHARMA, KUTTY SAHIB ROAD, CHITTOOR, ERNAKULAM. 2. P.I.JOSE, S/O ISSAC, AGED 54, PUTHUSSERY HOUSE, NEAR SBT BRANCH, MARADI P.O., THODUPUZHA. 3. M/S. RELIANT WELFARE TRUST, REPRESENTED BY ITS MANAGING TRUSTEE, K.G.BABU, S.B.PHARMA, KUTTY SAHIB ROAD, CHITTOOR, ERNAKULAM. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): DEFACTO COMPLAINANT AND STATE -------------------------------------------- 1. T.H.BADRUDEEN, AGED 67 YEARS, S/O. HAJEE T.M., HASSAN RAWTHER, TARIQ MANZIL, KALOOR, KOCHI-682 017. 2. THE STATION HOUSE OFFICER, ERNAKULAM TOWN NORTH POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.N.S.MOHAMMED USMAN FOR R1 PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 936 OF 2009 = = = = = = = = = = = = = = = Dated this the 16th day of March, 2009. O R D E R This petition is filed with a prayer to quash Annexure A-5 charge in C.C.2183/03 on the file of the Judicial First Class Magistrate-II, Ernakulam. The said case is filed u/s 420 r/w S.34 IPC. In this case the matter has been settled between the parties. It can be seen that there was a talk of settlement and the parties approached the Adalath and on 13.2.2004 the Adalath has passed an award whereby the present petitioners were directed to pay an amount of Rs.69,000/- in 13 equal monthly instalments. It is submitted by the learned counsel for the complainant that the matter was settled in the Adalath and subsequently the entire amount has been paid and there is no complaint for him to quash the proceedings. The matter came up for consideration in the case Nalini Shankaran and others v. Neelkanth Mahadeo and others (JT 2007 (5) SC 510). It was a case where the Court was considering about the Crl.M.C. 936 OF 2009 -:2:- impact of a civil litigation and its settlement in criminal proceedings and the Court said powers can be used to quash the proceedings. There are other decisions of the Supreme Court as well which indicates that when it is some thing purely personal and the matter has been compounded between the parties settlement can be encouraged and complaints can be quashed invoking the inherent powers of the Court. Since the matter has been totally settled out of Court and compounded and as no useful purpose will be served by continuing the prosecution it will amount to wastage of time of the Court and as the litigation between the parties is of a personal nature I invoke the power u/s 482 Cr.P.C. and allow the Crl.M.C thereby quashing all further proceedings in C.C.2183/03. M.N. KRISHNAN, JUDGE. ul/-