IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 Crl.MC.No. 1830 of 2011() --------------------------------------- CC.NO.78/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PERINTHALMANNA ...................... (CRIME NO.187/2005 OF PERINTHALMANNA POLICE STATION) ...... PETITIONER(S): PETITIONERS: ---------------------------------------------- 1. MUHAMMED BASHIR, S/O.MOIDHEEN, CHEMMANAMKUZHIYIL HOUSE, VAZHENKADA DESOM, PERINTHALMANNA. 2. SAJITHA.C.M., W/O.MUHAMMED BASHIR, CHEMMANAMKUZHIYIL HOUSE, VAZHENKADA DESOM, PERINTHALMANNA. BY ADVS. SRI.SAIBY JOSE KIDANGOOR, SRI.BENNY ANTONY PAREL. RESPONDENT(S): STATE & COMPLAINANT & DEFACTO COMPLAINANT: ---------------------------------------------------------------------------------------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, KOCHI - 682 031. 2. SUB INSPECTOR OF POLICE, PERINTHALMANNA POLICE STATION,PERINTHALMANNA - 679 322. 3. K.BALAKRISHNAN, AGED 58 YEARS, S/O.KUNJAMUNNI MASTER, KAKKATTIL HOUSE, PERINTHALMANNA, SECRETARY, PERINTHALMANNA SERVICE CO-OPERATIVE BANK, PERINTHALMANNA - 679 322. R1 & R2 BY PUBLIC PROSECUTOR SRI. V. MANU R3 BY ADV.SRI. K. ANAND SRI.M.R.NANDAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.1830/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A: COPY OF THE CHARGE SHEET IN CRIME NO.187/2005 OF THE PERINTHALMANNA POLICE STATION. ANNEX.B: COPY OF THE AFFIDAVIT DTD. 23/05/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1830 of 2011 ==================================== Dated this the 23rd day of June, 2011 O R D E R The third respondent, in his capacity as Secretary of Perinthalmanna Service Co-operative Bank filed a private complaint before learned Judicial First Class Magistrate, Perinthalmanna alleging that petitioners availed a loan from that Bank using prior documents of a property which had already been mortgaged to another Bank and thereby committed offences under Sections 420, 468 and 471 read with Section 34 of the Indian Penal Code. That complaint was forwarded to the police for investigation. The Perinthalmanna Police registered Crime No.187 of 2005, investigated and submitted a final report. Learned Magistrate took cognizance of the offence and filed C.C. No.78 of 2006 against petitioners. Petitioners request to quash proceedings against them on the strength of a settlement reached with the third respondent. I have heard learned counsel for petitioner, third respondent and the learned Public Prosecutor. Counsel on both sides confirmed the settlement. Learned counsel for third respondent confirmed authenticity and genuineness of Annexure-B, affidavit sworn by the third respondent. In that affidavit the third respondent has stated that he is the Secretary of the Co- CRL.M.C. No.1830 of 2011 -: 2 :- operative Bank, the affidavit is sworn on behalf of the Bank also, that the matter has been amicably settled between the parties and hence accordingly third respondent has no grievance against petitioners and does not want to prosecute the matter further. 2. Though the aggrieved party is the Bank, its Secretary has sworn an affidavit stating that he is authorised to swear the affidavit. It is stated that the matter is settled between the parties. In the light of that settlement it is not necessary to continue prosecution. Hence I am inclined to allow the petition. Resultantly, Criminal Miscellaneous Case is allowed. Crime No.187 of 2005 of Perinthalmanna Police Station, cognizance taken thereon and proceeding against petitioners in C.C. No.78 of 2006 of the court of learned Judicial First Class Magistrate, Perinthalmanna are quashed. THOMAS P. JOSEPH, JUDGE. vsv