IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 Crl.MC.No. 1264 of 2009(A) ------------------------------------- CC.NO.213/1996 OF CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD. .................... PETITIONER/ IST ACCUSED: ----------------------------------------- V.VIJAYAKUMAR,S/O. APPU NAIR, RESIDING AT 32/671 A, SAYEE NAGAR, 2ND MAIN ROAD, VIRUGAMPAKKAM, CHENNAI -600 092, TAMILNADU. BY ADVS. MR.G.HARIHARAN, MR.PRAVEEN.H. RESPONDENTS: ------------------------ 1. S.I. OF POLICE, TOWN NORTH POLICE STATION, PALAKKAD. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 3. K. SUBRAMANYAN, S/O. LATE KUTTIRAMA MOOTHAN, 29/183, TEMPLE STREET, MOOTHANTHARA, PALAKKAD. R1 & R2 BY PUBLIC PROSECUTOR MR. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09/06/2009, ALONG WITH CRL.M.C. NO. 1265/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO. 1264/2009-A: ORDER ON C.M.A. NO. 1975/2009 IN CRL.M.C. NO. 1264/2009-A DISMISSED 09/06/2009. SD/- M.SASIDHARAN NAMBIAR, JUDGE. //TRUE COPY// P.A. TO JUDGE. Prv. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.1264 & 1265 OF 2009 =========================== Dated this the 9th day of June,2009 ORDER Petitioner is the first accused in C.C.213/1996 and 214/1996 on the file of Chief Judicial Magistrate, Palakkad. Third respondent is the complainant. First respondent filed two complaints before the Magistrate alleging that petitioner committed offences under sections 420,467,468 and 471 along with the second accused. Complaints were forwarded for investigation under section 156(3). After investigation final reports were submitted based on which offence were taken and summons were issued. As the petitioner was absconding cases were included in the long pending register. When the cases were pending in the long pending register, third respondent filed two separate petitions before the Chief Judicial Magistrate in C.C.213/1996 and C.C.214/1996 stating that the disputes between him and the accused is settled and he is not interested in prosecuting the case further and therefore the case may be withdrawn. Learned Chief Judicial Magistrate did not allow the petition. First Crl.M.C.1264/09 & 1265/09 2 accused then filed these petitions under section 482 of the Code of Criminal Procedure to quash the cases against him contending that in view of the settlement there is no necessity to proceed with the trial. 2. Notice was served on third respondent by special messenger. He did not appear and did not object to the prayer for quashing of the complaint. Annexure II copy of the petition filed by the third respondent before the Chief Judicial Magistrate in both the cases establish that there was a settlement of dispute between the petitioner and the third respondent and third respondent has no grievance against the petitioner and he is not intending to proceed with the case. In such circumstance, no fruitful purpose can be achieved by proceeding with the case further. In such circumstance, in the interest of justice the case as against the petitioners are to be quashed. Petitions are allowed. L.P.255/2004 (C.C.213/1996 )and L.P.257/2004 (C.C.214/1996) as against the the petitioner are quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006