IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Crl.MC.No. 2898 of 2009 ------------------------------- CC.99/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR ......................................... PETITIONER(S): ACCUSED NO.1: ---------------------------------------------- P.I.HARIDAS, S/O.KRISHNAN NAMBIAR, AGED 43 YEARS, PATTUVAM AMSOM DESOM, KANHIRATHARA, P.O.ARIYIL, THALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.P.BABU RESPONDENT(S): DEFACTO-COMPLAINANT: ---------------------------------------------------------------- 1. HARIDASAN.V.V., S/O.K.V.KUNHIKKANNAN NAIR, AGED 54 YEARS, SREEKRIPA, PATTUVAM AMSOM DESOM, KANHIRATHARA, ARIYIL P.O., TALIPARAMBA TALUK, KANNUR DISTRICT. 2. MANOJ.P.I., S/O.KRISHNAN NAMBIAR, AGED 37 YEARS, PATTUVAM AMSOM DESOM, KANHIRATHARA, P.O.ARIYIL, THALAIPARAMBA TALUK, KANNUR DISTRICT. 3. C.K.MURALI, S/O.KRISHNAN, KALLIYASSARI AMSOM, DESOM, KANNUR DISTRICT. 4. STATE OF KERALA, REPRESENTED BY COURT OF KERALA, PUBLIC PROSECTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.RAJAN KUDUMBATHIL FOR R1 PUBLIC PROSECUTOR SRI.S.U.NAZAR FOR R4. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/08/2009 ALONG WITH CRL.M.C.2900/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.2898 & 2900 OF 2009 =========================== Dated this the 28th day of August,2009 ORDER Petitioners are the accused 1 and 3 in C.C.99/2007 on the file of Judicial First Class Magistrate Court-I, Kannur. Learned Magistrate has taken cognizance of the offences under sections 403, 406 and 420 read with section 34 of Indian Penal Code as against the three accused. These petitions are filed under section 482 of the Code of Criminal Procedure to quash the proceedings contending that the entire disputes were settled. The affidavit of the first respondent is filed in both the petitions separately stating that as per the terms of the agreement Rs.3 lakhs was received and therefore first respondent, the de facto complainant has no objection for quashing the proceedings. But in the affidavit first respondent did not mention anything against the second accused. 2. Annexure IV the agreement by which the settlement was arrived at shows that Rs.3 lakhs was fixed as the entire amount due to first respondent which is to be paid to settle the dispute. There is no Crl.M.C.2898 & 2900 of 2009 2 case in Annexure IV that any further amount is due from the second accused or that second accused committed breach of trust in respect of any portion of the amount. When the learned counsel appearing for the petitioners and the first respondent were asked to clarify whether in the light of Annexure IV agreement, the case as against the second accused is to be retained, learned counsel appearing for the first respondent submitted that the counsel will make an endorsement that the entire case be quashed. Learned counsel pursuant to the submission, made an endorsement to that effect. 2. Learned counsel appearing for the petitioners the first respondent and the learned Public Prosecutor were heard. 3. In the light of the settlement evidenced by the affidavit filed by the first respondent and the agreement it is not in the interest of justice to continue with the prosecution. Hence C.C.99/2007 on the file of Judicial First Class Magistrate Court-I, Kannur as against all the accused is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006