IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 Crl.MC.No. 4013 of 2009() ------------------------- CC.581/2008 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER(S): ACCUSED 1,3,4 ---------------------------- 1. SUJITH KUMAR, S/O. SREEDHARAN, "DEVARAGM", NEAR JAGATHY BRIDGE, JAGATHY, THIRUVVANANTHAPURAM. 2. MAHESH, S/O. KRISHANANKUTTY, PERINGAMMALATHIL PUTHENVEETTIL, CHERINJAKONAM, MAILAKARA, KATTAKADA DESOM, NEYYATTINKARA VILLAGE THIRUVANANTHAPURAM. 3. VINOD, S/O. VALSALAN, MARUTHAMMOODU HOUSE, NEAAYAR DAM SOUTH DESOM, AMBOORY VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.KKM.SHERIF SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SRI.P.MURALEEDHARAN (THURAVOOR) SRI.V.R.REKESH RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM. 3. HARIDAS, S/O. KESAVAN, AGED 57, PUNNAVAILAKAM, THRIVENI HOUSE, KARIYAM WARD, ULLIYAZHATHARA VILLAGE, THIRUVANANTHAPURAM. R1 & R2 BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.4013 OF 2009 ------------------------------------------ Dated 2nd December 2009 O R D E R Petitioners are the accused and third respondent, the de facto complainant in C.C.581/2008 on the file of Additional Chief Judicial Magistrate, Thiruvananthapuram taken cognizance for the offence under Section 394 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes were settled amicably with the third respondent and therefore, it is not in the interest of justice to continue the prosecution. 2. Third respondent appeared through a counsel and filed affidavit Crmc 4013/09 2 stating that entire disputes were settled amicably and consequent to the settlement, he has no subsisting grievance against the petitioners and therefore, he has no objection for quashing the proceedings. 2. Learned counsel appearing for the petitioners, third respondent and learned Public Prosecutor were heard. 3. Learned Public Prosecutor submitted that statement of third respondent was recorded subsequently and it also reveals that there was a settlement. 4. Annexure-A2 final report shows that prosecution case as against the petitioner is that third respondent defaulted to pay the amount obtained in loan and so all the petitioners together illegally seized Honda Activa scooter No.KL-01/AH.6411 Crmc 4013/09 3 belonging to third respondent at about 9 p.m on 16/5/2008 and thereby committed the offence. Offence against the petitioners are purely personal in nature as against third respondent and that too arising out of financial transaction. Affidavit filed by third respondent establishes that the disputes were settled amicably with petitioner. In such circumstances, as held by the Apex court in 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.581/2008 on the file of Additional Chief Judicial Magistrate, Thiruvananthapuram is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.