IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 Crl.MC.No. 20 of 2011() ------------------------------------ CC.NO.1236/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, KASARAGOD. ......... PETITIONER(S): ACCUSED: ---------------------------------------- 1. B.ABDULLA KUNHI, S/O.LATE ABDUL RAHIMAN, AGED 38 YEARS, PARTNER, MALANAD TRADING COMPANY, BADIADKA, RESIDING AT PILANKATTA, BADIADKA-671 121. 2. G.K.ABOOBACKER HAJI @ ABOO HAJI, P.W.D.CONTRACTOR, PARTNER, MALANAD TRADING COMPANY, BADIADKA, RESIDING AT ANNADUKA IN KUMBALA VILLAGE, KASARAGODE TALUK AND DISTRICT, PIN-671 121. BY ADV. SRI.MILLU DANDAPANI RESPONDENT(S): STATE & DEFACTO COMPLAINANT: -------------------------------------------------------------------------------- 1. STATE OF KERALA, (CRIME NO.111/2009 OF BADIADKA POLICE STATION, KASARAGOD DISTRICT), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031. 2. SHRI.P.NAUSHAD, S/O.ABOOBACKER, AGED 30 YEARS, RESIDING AT PALLATHADKA, PALLATHADKA P.O., KASARAGOD TALUK AND DISTRICT, PIN-671 121. R1 BY PUBLIC PROSECUTOR SRI. MOHAMMED ANZAR R2 BY ADV. SRI.K.R.RANJITH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.20 of 2011 --------------------------------------- Dated this 24th day of January, 2011 ORDER Petitioners are accused in C.C.No.1236 of 2010 of the court of learned Judicial First Class Magistrate-I, Kasaragod. That case arose on a complaint preferred by respondent No.2 alleging that petitioners committed offences punishable under Secs.403, 416, 420, 465 and 468 r/w Sec.34 of the Penal Code. The complaint was forwarded to the Badiadka Police Station under Sec.156(3) of the Code of Criminal Procedure ((for short, "the Cr.P.C”). Police after investigation submitted Annexure-C, final report alleging commission of offences as above stated. Thereon, learned Magistrate took cognizance of the said offences and took the case on file as C.C.No.1236 of 2010. 2. Case is that respondent No.2 while joining the service of petitioners had given two signed blank cheques as security and later petitioners forged the said signed blank cheques and gave it to M/s. K.M Steel Re-rolling Company as security. 3. It is stated by petitioners that they have settled the dispute with respondent No.2 and accordingly filed Annexures-D and E, joint statement and affidavit of respondent No.2 (in Annexures-D and E complainant is referred to as respondent No.1 Crl.M.C.No.20 of 2011 -: 2 :- which obviously is a mistake since his rank number in the Crl.M.C is respondent No.2). Learned counsel for petitioners and respondent No.2 submitted that the matter having been settled between the parties amicably, the final report and all proceedings in C.C.No.1236 of 2010 of the court of learned Judicial First Class Magistrate, Kasargod be quashed. I have heard learned Public Prosecutor also who on instructions has submitted that the matter has been settled between respondent No.2 and petitioners. 4. The offences alleged concerned signed blank cheques allegedly given by respondent No.2 to the petitioners. That matter having been amicably settled between the parties, there is no possibility of a successful completion of prosecution. Moreover, since the parties have settled the dispute it is not necessary to proceed with the case. In the circumstance I am inclined to allow the petition. Resultantly this petition is allowed and Annexure-C, final report, the cognizance taken thereon and all further proceedings in C.C.No.1236 of 2010 of the court of learned Judicial First Class Magistrate-I, Kasaragod against the petitioners are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-