IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 Crl.MC.No. 4573 of 2010() ------------------------------------ ( C.CNO.2741/2010 OF JUDICIAL 1ST CLASS MAGISTRATE IRINJALAKUDA CRIME NO. 280/2009 OF IRINJALAKUDA POLICE STATION) ---------------- PETITIONER(S): DEFACTO COMPLAINANT ------------------------------------------------------------ SANTHA SIVAN, W/O.SIVAN, EEZHUVAN PARAMBIL HOUSE, KOMBARA DESOM, MANAVALASSERY VILLAGE, THRISSUR DIST. BY ADV. SRI.P.K.ANIL RESPONDENT(S): ACCUSED 1 TO 4/STATE -------------------------------------------------------------- 1. KALADHARAN, S/O.MADHAVA PANICKER, KALARIKKAL HOUSE, NATTIKA DESOM, NATTIKA VILLAGE, THRISSUR.PIN- 680 301. 2. RAMESH CHANDRAN, S/O.CHANDRASEKHARAN, THENGUMPULLY HOUSE, KARUKULANGARA DESOM, MANAVALASSERY VILLAGE, THRISSUR DISTRICT.680 305 3. M.V.RANA, S/O.VELU, MANAPARAMBIL HOUSE, THUMBUR DESOM, KOTTANELLUR VILLAGE, THRISSUR DISTRICT.680 311 4. ESMAIL, S/O.ABDUL RAHMAN, VALIYAKATHU HOUSE, THANNYAM VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT.680 313. 5. SUB INSPECTOR OF POLICE, IRINJALAKUDA POLICE STATION. 6. STATE REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R5 & R6 BY PUBLIC PROSECUTOR SRI. P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/12/2010, ALONG WITH CRL.M.C.NO.4740/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.Sasidharan Nambiar, J. ------------------------------- Crl.M.C.Nos.4573 & 4740 of 2010 ------------------------------- COMMON ORDER Petitioner is the defacto complainant in C.C.No 2741/2010 on the file of Judicial First Class Magistrate's Court, Irinjalakuda, taken cognizance for the offences under Sections 465, 468, 471 and 417 read with Section 34 of Indian Penal Code. Crl.M.C.No.4573/2010 is filed to quash the case against respondents 1 to 4, accused 1 to 4 and Crl.M.C.No.4740/2010 is filed to quash the case against the first respondent, the fifth accused, contending that entire disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. Prosecution case is that five accused, in furtherance of their common intention, showing that out of the consideration of Rs.3,30,000/- fixed, Rs.2,90,000/- was paid as advance and agreed to CRMC 4573&4740/10 2 sell the property and forged an agreement for sale and instituted suits as O.S.No.498/2006 before Munsiff's Court, Irinjalakuda and O.S.No.174/2006 before Sub Court, Irinjalakuda against petitioner and thereby committed the offences. Petitioner would contend that on the intervention of mediators, all the disputes with the accused were settled amicably and hence, it is not in the interest of justice to continue the prosecution. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Offences alleged against the accused are purely personal in nature against the petitioner, the defacto complainant. It is the defacto complainant herself, who has filed this petition contending that entire disputes with the accused were settled amicably. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19) and Manoj Sharma v. State (2008 (4) KLT 417), when the offences alleged are purely personal in CRMC 4573&4740/10 3 nature and petitioner has settled all the disputes with the accused, it is not in the interest of justice to continue the prosecution as there is no likelihood of a successful prosecution. Petitions are allowed. C.C.No.2741/2010 on the file of Judicial First Class Magistrate's Court, Irinjalakuda is quashed. 14th December, 2010 (M.Sasidharan Nambiar, Judge) tkv