IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 Crl.MC.No. 3034 of 2008() ------------------------- F.I.R NO.369 OF 2007 OF THRISSUR EAST POLICE STATION PETITIONER: ACCUSED ------------ K.M.ABDUL AZIZ, S/O.KIDANGASSERY MAKKARU @ MAKKARUNNY, AGED 40 YEARS, KIDANGASSERY HOUSE, ILLIKKAD DESOM, KATTOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.RAMACHANDRAN RESPONDENTS: ------------- 1. T.V.SUKUMARAN, GENERAL MANAGER, KERALA ROAD WAYS (P) LTD., INDIRA GANDHI ROAD, KOZHIKODE. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB ADV. SRI.K.T.SHYAMKUMAR FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.3034 of 2008 ------------------------------------- Dated this the 20th day of August, 2008 ORDER Petitioner faces allegations of having committed offences punishable, inter alia, under Sections 420 and 409 I.P.C against the defacto complainant, the employer of the petitioner. The crux of the allegations against the petitioner is that while he was functioning as Branch Manager of Kerala Roadways Pvt. Ltd., he committed falsification of accounts, breach of trust and cheating. An amount of Rs.50 lakhs was alleged to be involved. 2. The crime has been registered. Investigation is in progress. At this stage, the petitioner/accused and the 2nd respondent/defacto complainant have come before this Court to report that they have settled the disputes amicably and the defacto complainant, having compounded the offences allegedly committed by the petitioner, does not want further proceedings to continue. The composition may be accepted and the criminal proceedings initiated against the petitioner may be quashed, it is prayed. Crl.M.C. No.3034 of 2008 2 3. The 1st respondent has entered appearance through counsel. He has filed a joint statement to report to the Court that the offences have been compounded and the disputes have been settled. The joint statement is duly signed by the rival contestants and is countersigned by their respective counsel. The petitioner as well as the 1st respondent pray that the powers under Section 482 Cr.P.C as enabled by the dictum in Madan Mohan Abbot v. State of Punjab [2008 A.I.R SCW 2287] may be invoked and the proceedings against the petitioner may be brought to premature termination. Continuance of the proceedings will be irrelevant and unnecessary, submit both counsel. 4. Notice was given to the learned Public Prosecutor . The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor submits that the dispute being one which is personal between the employer/defacto complainant and the employee/the petitioner, the State has no objection in this Court invoking the powers under Section 482 Cr.P.C to quash the proceedings against the petitioner. 5. I am satisfied that this is an eminently fit case where the dictum in Madan Mohan Abbot v. State of Punjab can Crl.M.C. No.3034 of 2008 3 safely be imported and continuance of the unnecessary and irrelevant prosecution against the petitioner now can be brought to premature termination. 6. In the result: i) This Crl.M.C is allowed; ii) Crime No.369 of 2007 of Thrissur East Police Station registered against the petitioner at the instance of the 1st respondent herein is hereby quashed. (R.BASANT, JUDGE) rtr/-