IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 CRL.MC.NO. 480 OF 2011() -------------------------------------- (CRIME NO.125 OF 2010 OF THE KODUVALLY POLICE STATION, KOZHIKODE DISTRICT PETITIONER(S): ACCUSED NOS.1 AND 2 ---------------------------------------------------------- 1. MUNEER HAJI.P., AGED 32 YEARS, MANAGING DIRECTOR, RIYAL WORLD, S/O.POOLANDIYIL SOOPI, P.O.CENTRAL POYILUR, THRIPPANGOTTUR AMSOM, POYILUR DESOM, THALASSERY TALUK, KANNUR. 2. ABDUL HAMEED, AGED 40 YEARS, CHAIRMAN, RIYAL WORLD, NAMATH P.O., KADAVATHUR, THALASSERY, KANNUR. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------------------- 1. KUNHIMUHAMMAD, AGED 28 YEARS, S/O.ABOOBACKER, VELLARAMKUNNUMMAL, PUTHOOR AMSOM, KEDAYATHUR DESOM, NADAMMALPOYIL, P.O.PUTHOOR, KODUVALLY, KOZHIKODE. 2. STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, KODUVALLY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.S.R.SREEJITH FOR R1 BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/02/2011 ALONG WITH CRL.M.C NO.481 OF 2011 AND CONNECTED CASES THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. Nos.480, 481, 482, 483, 484,485 and 491 of 2011 ==================================== Dated this the 16th day of February, 2011 O R D E R Accused 1 and 2 are petitioners in Crl. M.C. Nos.480, 481, 482, 484 and 485 of 2011 and accused Nos.1 to 3 are the petitioners in Crl. M.C. Nos.483 and 491 of 2011. Petitioners seek to quash proceedings against them in crime cases registered by Koduvally police in Crime Nos.125, 124, 128, 121, 126, 129 and 127 of 2010, respectively. All these crimes are registered for offences punishable under Sections 406, 420 and 120(b) of the Indian Penal Code. Case is that on various dates petitioners collected various amounts from respondent No.1 in these petitions representing that they will be given share of profit in the business but petitioners refused to do so. Annexure A1 is the FIR in these petitions. Petitioners seek to quash proceedings on the strength of a settlement reached with the first respondent in these petitions. A joint statement is filed by the petitioners, respondent No.1 and their counsel. I have heard learned counsel for petitioners, first respondent and the learned Public Prosecutor. Learned counsel for CRL.M.C. No.480 of 2010 & connected cases -: 2 :- first respondent has confirmed the settlement and first respondent signing the joint statement. Learned Public Prosecutor after getting instructions submitted that parties have settled the dispute. 2. Allegations made by respondent No.1 in the crime cases against petitioners is that offering to give them share of profit in the business petitioners collected various amounts. In the joint statement filed by the parties it is stated that the dispute is settled outside court and that first respondent has no grievance against petitioners. Having regard to the settlement reached between the parties I am inclined to think that it is not necessary to continue the proceedings against petitioners. I make it clear that this order is confined only to the crime cases referred to above. Resultantly, these Criminal Miscellaneous Cases are allowed. FIR in Crime Nos.121, 124, 125, 126, 127, 128 and 129 of 2010 of Koduvally police station against petitioners are quashed. It is made clear that this order will not in any way CRL.M.C. No.480 of 2010 & connected cases -: 3 :- affect registration or continuing with investigation of any other case against petitioners at the instance of any other aggrieved party. THOMAS P. JOSEPH, JUDGE. vsv