IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 Crl.MC.No. 992 of 2010 -------------------------------- [CC.NO.403/2006 OF CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA] .................... PETITIONER/ACCUSED: ---------------------------------- SREEDEVI, AGED 43 YEARS, W/O.MANIKUTTAN, KAITHAVALAPPIL VEEDU, PARAYAKADU P.O., NALUKULANGARA, CHERTHALA. BY ADV. MR.B.PRAMOD. RESPONDENTS/COMPLAINANT & DEFACTO COMPLAINANT: --------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. KAITHATHIL MILK PRODUCERS CO-OPERATIVE SOCIETY LTD. NO.138B, ALAPPUZHA, REPRESENTED BY ITS THE SECRETARY UDAYAMMA, AGED 45 YEARS, W/O.SUNDARESAN, RESIDING AT VAISHNAVAM, NEAR AYURVEDIC HOSPITAL, ARYAD, ALAPPUZHA. R1 BY PUBLIC PROSECUTOR MR. S.U. NAZAR, R2 BY ADV. MR.GEORGE SEBASTIAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.992 OF 2010 ------------------------------------------ Dated 23rd March 2010 O R D E R Petitioner is the accused and second respondent the de facto complainant in C.C.403/2006 on the file of Chief Judicial Magistrate, Alappuzha taken cognizance for the offence under Sections 403, 408 and 409 of Indian Penal Code. Petition is filed under Section 482 of Code of Criminal Procedure, to quash the proceedings pending before the learned Magistrate, contending that entire disputes with the second respondent society were settled amicably and consequent to the settlement it is not in the interest of justice to continue the prosecution. 2. Second respondent appeared Crmc 992/10 2 through a counsel and filed an affidavit stating that entire disputes were settled amicably and the society has decided to withdraw the case on payment of the amount due from the petitioner and petitioner remitted Rs.2,55,888/- and therefore, the disputes were settled and as the offences are of a private nature, it is not in the interest of justice to continue the prosecution. 2. Learned counsel appearing for the petitioner, second respondent and learned Public Prosecutor were heard. 3. Annexure-I final report shows that prosecution case is that petitioner was the Secretary of the society from 27/3/1986 to 12/12/1998 and she committed breach of trust re-posed on her and misappropriated Rs.2,42,069.88 and petitioner remitted Crmc 992/10 3 Rs.2,42,069.88 and consequent to the settlement second respondent has no objection for quashing the proceedings. As held by the Apex court in Manoj Sharma v. State (2008 (4) KLT 417 (SC) ) Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC) when offences alleged against the petitioner are purely personal in nature as against the society and society has received entire amount from the petitioner and consequently settled the disputes, and as a result there is no likelihood of a successful prosecution, it is not the interest of justice to continue the prosecution. Petition is allowed. C.C.403/2006 on the file of Chief Judicial Magistrate, Alappuzha is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.