IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 Crl.MC.No. 3631 of 2009 ---------------------------------- (CRIME NO.2063/2009 OF PERUMBAVOOR POLICE STATION) .................... PETITIONER/ 1ST ACCUSED: ----------------------------------------- VIJOY P.GEORGE, S/O. GEORGE MAMMEN, AGED 52, PADINJATTEDATH VEEDU, 66/124, T.SQUARE ROAD, PACHALAM JUNCTION, PACHALAM, ERNAKULAM. BY ADV. MR.K.C.ELDHO. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JOSE CHACKO, AGED 46, S/O. M.C.CHACKO, MANAGING PARTNER, DELTA PLYWOODS & BOARDS, IRINGOLE, PERUMBAVOOR, ERNAKULAM DISTRICT, AND RESIDING AT MADHAVASSERY HOUSE, T.B.ROAD, PERUMBAVOOR, ERNAKULAM DISTRICT. R1 BY PUBLIC PROSECUTOR MR. K.J. MUHAMMED ANZAR, R2 BY ADV. MR.BASIL MATHEW. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3631 OF 2009 ------------------------------------------ Dated 11th November 2009 O R D E R Petitioner is the first accused in crime No.2063/2009 of Perumbavoor police station registered under Annexure-A1 FIR, based on first information statement recorded from the second respondent, the de facto complainant, for the offences under Sections 120B, 420, 406 and 468 read with Section 34 of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings as against the petitioner contending that there is no material allegation as against the petitioner. 2. Second respondent appeared through a counsel and filed Crl.M.A.6256/2009 jointly with the petitioner stating that the disputes with the petitioner were settled amicably and therefore, there is no objection for quashing the crime as against the petitioner. 3. Allegation in the F.I statement is that second respondent supplied plywood materials to the Crmc 3631/09 2 accused at Dubai and the value was not paid. Allegation as against the petitioner is purely personal in nature. In such circumstances, when the second respondent himself submits that the matter has been settled with the petitioner and he has no grievance as against the petitioner, it is not in the interest of justice to continue the proceedings, as against the petitioner. Petition is allowed. Crime No.2063/2009 of Perumbavoor police station as against the petitioner/first accused is quashed. Learned counsel appearing for the petitioner submitted that consequent to the registration of the crime a lookout notice is issued by the Station House Officer, Perumbavoor police station and it may be directed to be withdrawn. If any lookout notice is issued as against the petitioner in view of the registration of crime No.2063/2009, it it shall be withdrawn immediately. M.SASIDHARAN NAMBIAR, JUDGE. uj. Crmc 3631/09 3