IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 Crl.MC.No. 831 of 2011() ------------------------ CC 1392/2008 OF JFMC-I, HOSDURG PETITIONER/ACCUSED: ----------------------- KIZHAKKEPURAYIL KAMARUDIN, AGED 33 YEARS, S/O.AHAMMED, PUNATHIL, UDUMPANTHALA, TRIKARIPUR VILLAGE, KASARAGOD. BY ADV. SRI.M.RAMESH CHANDER RESPONDENTS/ STATE: --------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. M.K.MAHAMOOD HAJI, S/O.POCKER HAJI, AGED 70 YEARS, BADRIA MANZIL, UDUMPANTHALA, KASARAGOD-671 350. ADV. SRI.ANEESH JOSEPH FOR R2 PUBLIC PROSECUTOR : ADV SRI K H MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.831 of 2011 --------------------------------------- Dated this 22nd day of March, 2011 ORDER Petitioner is the accused in C.C.No.1392 of 2008 of the Court of learned Judicial First Class Magistrate-I, Hosdurg involving offences punishable under secs.465, 468 and 420 of the Penal Code. Petitioner seeks to quash proceeding against him on the strength of a settlement claimed to have been reached with the second respondent. Parties have filed a compromise petition and the second respondent has filed an affidavit. I have heard learned counsel for parties and the learned Public Prosecutor. 2. Charge is that petitioner with intend to marry a lady by name Fousiya forged the letter pad and seal of Jumayath Committee, created a consent letter as if it is issued by the Jumayath Committee, gave the same to Mukkom Jumayath and facilitated marriage with Fousiya. It is true that second respondent who is the Secretary of Jumayath the letter pad, seal and consent letter of which are allegedly forged has settled the dispute with petitioner. On hearing learned counsel on both sides and the learned Public Prosecutor I am inclined to think that this is not a case where acting on the affidavit of second respondent Crl.M.C.No.831 of 2011 -: 2 :- and the compromise petition signed by him alone, the case could be settled as it involves other issues also. In such a circumstance the request to quash proceeding on the basis of settlement cannot be accepted. Resultantly without expressing any opinion on the merit of the case this criminal miscellaneous case is dismissed. (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P.A to Judge