IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 Crl.MC.No. 3012 of 2010() ------------------------- CRIME NO.331/2010 OF TOWN POLICE STATION, KOZHIKKODE ------------------------------- PETITIONER(S): --------------- K.ABDUL NASAR, S/O.MUHAMMAD.K AGED 41 YEARS, THAZHE KOTTANI PARAMB P.O.THIRUVANANNUR NADA, PANNIYANKARA AMSOM DESOM, KOZHIKKODE BY ADV. SRI.C.V.MANUVILSAN SRI.M.R.HAREESH SMT.K.VIDYA RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY S.H.O OF TOWN POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA 2. AFSAL, AGED 35 YEARS, S/O.KUNJI MOIDEEN KARIMBAYIL HOUSE, GA COLLEGE P.O, KOZHIKKODE BY PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No.3012 OF 2010 -------------------------------------- Dated this the 28th day of July, 2010 ORDER Petitioner, who is the accused in Crime No.331/2010 of Town Police Station, Kozhikkode registered for offences punishable under Sections 457 and 380 IPC at the instance of the 2nd respondent herein, who is also represented by a counsel, seeks to quash the FIR and all further proceedings. The case of the 2nd respondent is that, the petitioner trespassed into the building, which is held in partnership between himself and the 2nd respondent and committed theft of Rs.3,000/- in cash and certain computer articles belonging to the partnership firm without the knowledge of the 2nd respondent. 2. During the pendency of the investigation, the two partners namely the petitioner and the 2nd respondent have settled the matter as evidence by the Annexures A7 and A8. Since the dispute between the petitioner and the 2nd respondent is essentially a money dispute, personally between them and also since they have settled the matter, the pendency of the FIR and the investigation will be an avoidable Crl.M.C. No. 3012 OF 2010 : 2 : irritant. Accordingly, the FIR in Crime No.331/2010 will stand quashed and no further proceedings in the investigation of the said crime need to be conducted. A copy of this order shall be forwarded to the Station House Officer, Town Police Station, Kozhikkode for information and compliance. V.RAMKUMAR, JUDGE dmb