IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 Crl.MC.No. 2257 of 2009() ----------------------------------- CC.807/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, KOTTAYAM .................... PETITIONER ------------------ R. SREELATHA DEVI, NANDANAM, KUMARANELLUR PO, KOTTAYAM DISTRICT. BY ADV. MR.KISHOR B. RESPONDENT(S): ------------------------- 1. E.K. PADMINI SECRETARY REPRESENTING KARAPUZHA SERVICE CO-OPERATIVE BANK NO.74, RESIDING AT VADAKKE PARAMBIL HOUSE, MOOLAVATTOM DESOM, NATTAKOM VILLAGE 2. SUB INSPECTOR OF POLICE KOTTAYAM WEST POLICE STATION. 3. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA R2 & R3 BY PUBLIC PROSECUTOR MR.AMJAD ALI. R1 BY ADV. MR.LIJI.J.VADAKEDOM . THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 2257 OF 2009 =========================== Dated this the 7th day of August,2009 ORDER Petitioner is the second accused in C.C.807/2005 on the file of Judicial First Class Magistrate Court III, Kottayam. This petition is filed under section 482 of Code of Criminal Procedure to quash the case as against the petitioner. First respondent is the de facto complainant. The case as against accused 1,4,6,7,8,11, and 12 was quashed by this court invoking powers under section 482 of Code of Criminal Procedure in Crl.M.C.71/2009, under Annexure 2 order, accepting the case of settlement between first respondent Society and those accused. This petition is filed contending that there was a settlement of the dispute with the petitioner also. First respondent through the Secretary filed an affidavit stating that the entire amount due to the Society was received and in such circumstance, first respondent has no objection for quashing the case. 2. Learned counsel appearing for the petitioner, first respondent and learned Public Prosecutor were Crl.M.C.2257/2009 2 heard. 3. In view of the quashing of the case as against accused 1,4,6,7,8,11 & 12 in Crl.M.C 71/2009 and the affidavit filed by the first respondent stating that as the entire amount due to the Society has already been received there is no objection for quashing the proceedings, it is not in the interest of justice to proceed the case as against the petitioner. Even if petitioner is to be tried, ultimately there cannot be a successful prosecution. In such circumstance, petition is allowed. C.C.807/2005 on the file of Judicial First Class Magistrate Court III, Kottayam as against the petitioner/second accused is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006