IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 Crl.MC.No. 4987 of 2010() ------------------------- CC.25/2009 of JUDL.MAGISTRATE OF FIRST CLASS-III, KOTTAYAM .................... PETITIONER(S): 1ST ACCUSED: ----------------------------------------------- R.SREELATHA DEVI, W/O.GOPINATHAN NAIR, NANDANAM, KUMARANALLUR.P.O., KOTTAYAM DISTRICT. BY ADVS. SRI.KISHOR B., SRI.A.K.GOPALAN. RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. E.K.PADMINI, SECRETARY REPRESENTING KARAPUZHA SERVICE CO- OPERATIVE BANK, NO.74, RESIDING AT VADAKKE PARAMBIL HOUSE, MOOLAVATTOM DESOM, NATTAKOM VILLAGE - 686 026. 2. SUB INSPECTOR OF POLICE, KOTTAYAM WEST POLICE STATION - 686 003. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY ADV. SRI.LIJI.J.VADAKEDOM R2 & R3 BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.4987 of 2010 -------------------------------------- Dated this the 26th day of May, 2011. ORDER First accused in Crime No.308 of 2003 of Kottayam West Police Station and C.C.No.25 of 2009 of the court of learned Judicial First Class Magistrate-III, Kottayam is the petitioner before me. She is facing trial for offences punishable under Sections 420, 468, 477A and 120B of the Indian Penal Code. First accused is the manager in charge of a Service Co-operative Bank at Karappuzha. The allegation is that petitioner, along with second accused drew money from the accounts of CWs 2 to 9 using forged documents for the period from 20.03.2002 to 25.09.2002. Petitioner seeks to quash proceeding against her on the strength of a settlement reached with the Service Co-operative Bank, the Secretary of which is the first respondent. I have heard learned counsel for petitioner, first respondent and the learned Public Prosecutor. 2. In the affidavit of first respondent it is stated that the entire amount due as per prosecution case has been received from the petitioner. It is also stated that disciplinary proceeding was initiated against petitioner who was removed from the service of the Bank and against the said decision petitioner filed I.D.No.17 of 2006 before the Industrial Tribunal, Idukki. Later petitioner got that proceeding dismissed as not pressed. In the above situation the Director Board of the Bank resolved on 19.02.2009 that it has no objection in quashing proceeding against petitioner. In the affidavit filed by the petitioner she has Crl.MC No.4987/2010 2 stated that she was dismissed from the service of the Bank with effect from 22.10.2002 and that she unconditionally undertakes that if the Criminal Miscellaneous Case is allowed and criminal prosecution against her is quashed she will not make any claim in future for employment with the said Bank on the strength of her prior service. 3. Learned counsel for petitioner and first respondent have confirmed authenticity and genuineness of affidavits sworn by petitioner and the first respondent, respectively. Amount due to the Bank has already been paid and petitioner has unconditionally undertaken that she would not claim employment in the Bank on the strength of her prior service. In these circumstances I am inclined to allow this petition. Resultantly this Criminal Miscellaneous Case is allowed. Final report in Crime No.308 of 2003 of Kottayam West Police Station to the extent it concerned petitioner/first accused, cognizance taken thereon and proceeding against petitioner/first accused in C.C.No.25 of 2009 of the court of learned Judicial First Class Magistrate-III, Kottayam are quashed. THOMAS P.JOSEPH, Judge. cks