IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 Crl.MC.No. 1747 of 2009 ---------------------------------- CC.246/2008 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... PETITIONER(S): ACCUSED -------------------------------------- SOUDHA,W/O.ABBAS,MULLUNGAL HOUSE, VARANAKUZHY ROAD,NEAR KARUNA HOSPITAL, CHERUVANNUR,KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. MAJEED,S/O.ABDULRAHIMAN,ARACKAL VEEDU, "AISWARYA",ELIKANDYPARAMBU,KOLATHARA P.O., CHERUVANNUR,KOZHIKODE. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY ADV. SMT.P.K.RADHIKA R2 BY PUBLIC PROSECUTOR SRI.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 1747 of 2009 ================== Dated this the 1st day of June, 2009. O R D E R Petitioner is accused in C.C.No.246/2008 on the file of Judicial First Class Magistrate Court-V, Kozhikode, taken cognizance on the final report submitted by Nallalam Police after investigation based on the complaint filed by the 1st respondent alleging offences under Sections 420, 467, 468 and 471 of Indian Penal Code. This petition is filed under Section 482 of the Code of Criminal Procedure contending that subsequent to the initiation of C.C.No.246/2008, the dispute between petitioner and 1st respondent were amicably settled out of court and 1st respondent received the entire amount due to him from petitioner and he has no grievance now and therefore the case is to be quashed. Annexure B Affidavit of 1st respondent to the effect that he has received the entire amount due from petitioner and he has no grievance against petitioner and also has no Crl.M.C.No.1747/2009 -2- objection to quash the entire proceedings in C.C.No.246/2009 is filed along with the petition. 2. Learned Counsel appearing for petitioner and and learned Counsel appearing for 1st respondent were heard. 3. Learned Counsel appearing for petitioner submitted that the entire dispute which arose out of the issuance of the cheque and non payment of the amount due to 1st respondent was subsequently resolved and 1st respondent has already received entire amount due and in the light of the principles laid down by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 AIR SCW 2287), in Nikhil Merchant v. Central Bureau of Investigation (2008 (3) KLT 769 SC) and in Manoj Sharma v. State (2008 (4) KLT 417 SC) and the case being only of a personal character is to be quashed. Learned Counsel appearing for 1st respondent submitted that 1st respondent had received the entire amount due from the petitioner and he has now no grievance against the petitioner and the case may be quashed. Crl.M.C.No.1747/2009 -3- 4. Considering the nature of the offences alleged, which is purely of personal nature on account of non- payment of the amount due by petitioner to 1st respondent and subsequent payment of the amount by petitioner to the satisfaction of 1st respondent as is clear from the affidavit of 1st respondent, it would be an unnecessary waste of valuable time of the Court if petitioner is to be tried in the case, when the matter has already been settled between petitioner and 1st respondent/defacto complainant. No fruitful purpose would be achieved by continuing the criminal proceedings. In such circumstances, in the interest of administration of justice, C.C.No.246/2008 on the file of Judicial First Class Magistrate Court-V, Kozhikode is quashed. M.SASIDHARAN NAMBIAR JUDGE dkr