IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 Crl.MC.No. 4767 of 2010() ------------------------------------ CC.479/2007 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE CRIME NO. 171/2007 OF FEROKE POLICE STATION .................... PETITIONER(S): ACCUSED --------------------------------------- O.AJAYAKUMAR, S/O. RAGHAVAN NAIR, "SNEHANJALAI, CHENAPPARAMBIL, FEROKE.P.O., KOZHIKKODE DISTRICT. BY ADVS. SRI.BABU S. NAIR SRI.K.RAKESH RESPONDENT(S): STATE & DEFACTO COMPLAINANTS ------------------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, FEROKE POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. PRAFUL.P., S/O. RAJAGOPALAN NAIR, SREESHYLAM KUTHIRAVATTOM.P.O., KOZHIKODE DISTRICT-673016. 3. MANOJ KUMAR.K., S/O. RADHAKRISHNAN NAIR, 'KARTHIKA', CHEMBAKA HOUSING COLONY, BEYPORE, KOZHIKKODE, MANAGING DIRECTOR, MAHESHAYA CHIT PVT. LTD., MASHIRIQ SHOPPING COMPLEX, PUTHIYARA.P.O., STADIUM JN., KOZHIKKODE-673004. R1 BY PUBLIC PROSECUTOR SRI.P.A.SALIM R2 & R3 BY ADV. SMT.M.T.SHEEBA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4767 of 2010 -------------------------- ORDER Petitioner is the accused and respondents 2 and 3, the defacto complainants in C.C.No.479/2007 on the file of Judicial First Class Magistrate's Court-V, Kozhikode, taken cognizance for the offences under Sections 409 and 406 of Indian Penal Code on Annexure-A final report. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes were settled amicably and consequent to the settlement, it is not in the interest of justice to continue the prosecution. 2. Respondents 2 and 3 appeared through a counsel and filed separate affidavits stating that they have settled all the disputes with the petitioner amicably and there is nothing to be redressed further and therefore, they have no objection for quashing the proceedings. CRMC 4767/10 2 3. Learned counsel appearing for the petitioner, respondents 2 and 3 and learned Public Prosecutor were heard. 4. Annexure-A final report shows that offences alleged against the petitioner are purely personal in nature against respondents 2 and 3 and the propriety concern of the second respondent. Affidavits filed by respondents 2 and 3 establish that they have settled all the disputes with the petitioner. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19), when the offences alleged against the petitioner are purely personal in nature and all the disputes were settled amicably, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.479/2007 on the file of Judicial First Class Magistrate's Court-V, Kozhikode is quashed. 20th December, 2010 (M.Sasidharan Nambiar, Judge) tkv