IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 Crl.MC.No. 4036 of 2009() ------------------------- CC.349/2007 of JUDL.MAGISTRATE OF FIRST CLASS-II, KANJIRAPPALLY .................... (CRIME NO.82/2005 OF MANIMALA POLICE STATION) PETITIONER(S): ACCUSED NO.1 AND 3: ----------------------------------------------------------- 1. SOBHANAKUMARI, W/O.PRABHAKARAN NAIR, KATHAKAPPALLY HOUSE, ADAMATTOM BHAGOM, CHERUVALLY KARA, CHERUVALLY VILLAGE, KOTTAYAM DISTRICT. 2. YOHANNAN @ SUNNY, S/O.VARGHESE, KOOTTUNKAL PARAMBIL HOUSE, THOTTAKKAD KARA, THOTTAKKAD VILLAGE, KOTTAYAM DISTRICT. BY ADV. MR.LIJI.J.VADAKEDOM RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------------------------------------- 1. DANIEL THOMAS, S/O.THOMAS, VELLARA HOUSE, CHERUVALLY VILLAGE, MANIMALA, KANJIRAPPALLY TALUK. 2. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. R1 BYADV. MR. K.T. SHYAMKUMAR R2 BY PUBLIC PROSECUTOR MR. S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.4036 OF 2009 ------------------------------------------ Dated 14th December 2009 O R D E R Petitioners are accused 1 and 3 and first respondent, the de facto complainant in C.C.349/2007 on the file of Judicial First Class Magistrate-II, Kanjirappally, taken cognizance for the offences under Sections 419, 420, 417, 468, 471 and 129(B) read with Section 34 of Indian Penal Code. Prosecution case is that first respondent and first petitioner though not married, were living together and while they were living together, first petitioner in furtherance of their common intention with the other accused took away title deeds in respect of the properties of the first respondent and forged Crmc 4036/09 2 documents and thereby committed the offences. Petition is filed under Section 482 of Code of Criminal Procedure to quash the final report as well as cognizance taken as against them contending that the entire disputes were settled amicably and in view of settlement, it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a counsel and filed Annexure-4 affidavit stating that as the entire disputes were settled amicably, there is no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. 4. Annexure-3 final report establishes that the offences alleged Crmc 4036/09 3 against the accused in C.C.349/2007 are purely personal in nature as against the first respondent and his properties. Annexure-4 affidavit filed by first respondent shows that first respondent started to live with the first petitioner, though they are not married and it is during that period the documents were taken away by the first petitioner in furtherance of her common intention with other accused. Affidavit also establishes that the entire disputes were subsequently settled and in view of the settlement, he has no grievance as against the petitioners. Learned counsel appearing for first respondent submitted that first respondent has no grievance against any of the accused and he has no objection for quashing the entire Crmc 4036/09 4 proceedings. 5. When the offences alleged are purely personal in nature, as is clear from Annexure-3 final report and the affidavit filed by the first respondent establishes that there has been complete settlement of all the disputes, as held by the Apex court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC) it is not in the interest of justice to continue the prosecution. Even though only two of the accused approached this court, when in the light of the settlement arrived at, even if the remaining accused is to be tried, it will only be a waste of valuable time of the court as chance of a successful prosecution is very bleak. In such circumstances, entire proceedings is to be quashed. Crmc 4036/09 5 Petition is allowed. C.C.349/2007 on the file of Judicial First Class Magistrate-II, Kanjirappally is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.