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. 3923 of 2009() ----------------------------------- CRIME NO.420/CR/05 OF CBCID, THIRUVANANTHAPURAM. ................. PETITIONERS/ACCUSED NO.1 TO 3: -------------------------------------------------- 1. M.V. MANI, S/O.VARKEY, MOOLAMATTOM HOUSE, OONUKKAL P.O., KOTHAMANGALAM VILLAGE, KOTHAMANGALAM. 2. SINDHU. V.S, T.C.17/1555, POOJAPPURA P.O., THIRUVANANTHAPURAM. 3. MURALI, S/O.NARAYANAN, T.C.17/1727-2, PANGODU THIRUMALA P.O., THIRUVANANTHAPURAM. BY ADV. MR.P.VIJAYA BHANU MR.P.M.RAFIQ RESPONDENTS/STATE AND DEFACTO COMPLAINANT ------------------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ISSAC P.JOHN, S/O.JOHN, PATTANIPPARAMBIL HOUSE, KRISHNAPURAM, KAYAMKULAM. R1 BY PUBLIC PROSECUTOR MR.P.A. SALIM. R2 BY ADV. MR.JOHNSON MANAYANI. 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. 3923 OF 2009 ------------------------------------------ Dated 4th December 2009 O R D E R Petitioners are accused 1 to 3 in crime No.420/CR/2005 CBCID, Thiruvananthapuram. Originally the crime was registered as crime 316/CB-191/3 of Museum police station, based on a private complaint filed by second respondent and sent for investigation under Section 156(3) of Code of Criminal Procedure. This petition is filed under Section 482 of Code of Criminal Procedure to quash the FIR and all further proceedings contending that entire disputes were settled amicably with the second respondent, evidenced by Annexure-C agreement and in view of the settlement, it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared through a counsel and filed an affidavit stating that though crime was registered in 2003, final report has not been filed so far and entire disputes with the petitioners were settled amicably and in view of the Crmc 3923/09 2 settlement, second respondent has no objection for quashing the proceedings. 2. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 3. Crime was registered based on Annexure-A complaint, sent for investigation under Section 156(3) of Code of Criminal Procedure, by Chief Judicial Magistrate, Thiruvananthapuram and registered under Annexure-B FIR for the offences under Sections 406, 407, 468, 419, 120 B, 403, 420 and 471 read with Section 34 of Indian Penal Code. Case of the second respondent in the complaint was that second respondent has purchased 35.45 acres of land in Tamil Nadu and as induced by the first petitioner and first petitioner was entrusted with the property to develop the property during 1994-95 and while so, first petitioner in collusion with other petitioners created a fraudulent power of attorney authorizing him to sell the property and as power of attorney holder of second respondent he transferred the property in favour of Surgen Realities Pvt. Ltd of Pune and thereby committed the offences. The offences are purely personal in nature. Annexure-B agreement with Crmc 3923/09 3 affidavit of the second respondent establish that the disputes were settled between the petitioners and second respondent. Annexure-D order passed by this court while granting bail to the first petitioner also shows that factum of settlement of the dispute with the de facto complainant was brought to the notice of this court, while the application for anticipatory bail was heard. 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) when the offences alleged against petitioners are purely personal in nature and it is established that second respondent has amicably settled the dispute with petitioners, it is not in the interest of justice to continue the prosecution. Petition is allowed. Crime No. No.420/CR/2005 CBCID of Thiruvananthapuram is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.