IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 Crl.MC.No. 2755 of 2009() ------------------------- CC.400/2008 of JUDL.MAGISTRATE OF FIRST CLASS - I, ETTUMANUR .................... PETITIONER(S): --------------- 1. T.N.VENU KUMAR, S/O.NARAYANAN PILLAI, AGED 39 YEARS, THEKKEDATH HOUSE, PADINHATTUM BHAGAM KARA, ATHIRAMPUZHA. 2. DEVAKI AMMA, W/O.NARAYANAN PILLAI, AGED 70 YEARS, THEKKEDATH HOUSE, PADINHATTUM BHAGAM KARA, ATHIRAMPUZHA. BY ADV. SRI.R.PARTHASARATHY RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JAYAN.N, S/O.NARAYANAN, VATTAKUNNEL HOUSE, KANAKKERI VILLAGE, MEENAMI TALUK, ETTUMANOOR. ADV. SRI.V.MADHUSUDHANAN FOR R2 SRI. AMJAD ALI, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 2755 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the th day of , 2009 O R D E R Petitioners are the accused and second respondent the defacto complainant in C.C. No.400/2008 on the file of Judicial First Class Magistrate, Ettumanoo. Case was registered on a complaint filed by the second respondent against the petitioner, which was sent for investigation under Section 156(3) of Code of Criminal Procedure by the Magistrate. After the investigation, Annexure III final report was filed alleging that petitioners committed offences under Section 415, 420, 423, 341, 193, 199 read with Section 34 of Indian Penal Code. It was taken cognizance by the learned Magistrate. 2. This petition is filed to quash Annexure II FIR and Annexure III final report and the cognizance taken, contending that the disputes between the petitioners and Crl.M.C. No. 2755 OF 2009 . : 2 : the second respondent were amicably settled in between them and in such circumstances it is not in the interest of justice to proceed with the case. In Annexure VI afidavit filed by the second respondent, it is asserted that there was a complete and final settlement of all the disputes and hence he has no objection for quashing the case. 3. Learned counsel appearing for the petitioner and the second respondent and learned Public Prosecutor were heard. 4. It is clear from Annexure III final report that offences alleged against the petitioners are purely personal in nature. Consequent to the settlement of the disputes by petitioner and second respondent, there is no chance for a successful prosecution. When the entire dispute between them were amicably settled and second respondent himself asserts that there was a settlement and he is not intending to proceed with the case as purpose will served by undergoing the ordeal of a trial, except waste of valuable time of the court. In such Crl.M.C. No. 2755 OF 2009 . : 3 : circumstances, in the interest of justice the prosecution is to be quashed. Petition allowed. C.C.No. 400/2008 on the file of Judicial First Class Magistrate, Ettumanoor as against the petitioners is quashed. ( M. SASIDHARAN NAMBIAR, JUDGE) jma