IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 Crl.MC.No. 289 of 2008() ------------------------ CRIME NO.136/2004 OF OLLUR POLICE STATION PETITIONER: ACCUSED: ----------------------------------- K.G.CHAKRAPANI, S/O.LATE GOPALAN NAIR, SHANTHALAYAM HOUSE, EDATHALA P.O., ALUVA, ERNAKULAM DISTRICT. BY ADV. SRI.JOHN.K.GEORGE SRI.K.S.ARUN KUMAR RESPONDENTS: COMPLAINANT: ------------------------------------------------------ 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CHIEF EXECUTIVE OFFICER, SABARI DISTRIBUTORS PRIVATE LIMITED, N.H.ROAD, EDAPPALLY, KOCHI. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.289 of 2008 = = = = = = = = = = = = = = Dated this the 25th day of January, 2008 ORDER The petitioner, who is the accused in Crime No.136 of 2004 of Ollur Police Station for offences punishable under Sections 407, 408,417,418,420,465,467,471 and 477(A) IPC, seeks to quash the FIR registered by the Ollur Police on the ground that the monitory dispute between the petitioner-accused and the 2nd respondent-complainant has since been settled as per Annexure C receipt for a sum of Rs.5 lakhs followed by Annexure D agreement for the balance amount. 2. According to the complainant, the petitioner while working under the complainant had absconded with a sum of Rs.14,11,189/- In as much as, the monitory dispute between the petitioner and the 2nd respondent- complainant has since been settled, with specific reference to the aforesaid crime number as evidenced by Annexure D agreement, it will be an abuse of the process of the court to permit the 2nd respondent to proceed with the complaint and prosecute the petitioner. Crl.M.C.No. 289 of 2007 2 3. Accordingly, the officer in charge of the investigation of the above crime shall take into account Annexure C receipt for part payment and Annexure D agreement for the balance amount and shall file a refer report before the concerned Magistrate as expeditiously as possible. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE sj