IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 Crl.MC.No. 4947 of 2010() ------------------------------ (C.C.21/07 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KANJIRAPPALLY) ..... PETITIONER(S): ACCUSED NOS.1 AND 2 ----------------------------------------------- 1. DOMINIC GEORGE, S/O. EAPEN VARGHESE, KOCHUKARIPPARAMBIL, KANJIRAPPALLY. 2. P.B.SURESH KUMAR, S/O. BHASKARAN NAIR, PUTHIYAPARAMBIL HOUSE, KIZHAKKUMBHAGOM KARA, CHIRAKKADAVU VILLAGE. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S): -------------------- 1. SIBY JOSEPH, S/O. JOSEPH, AGED 49, RESIDING AT PUTHUPARAMBIL HOUSE, NEAR GOVERNMENT HOSPITAL, KANJIRAPPALLY, NOW RESIDING AT MICRO ROAD QUARTERS, PONKUNNAM-686 506. 2. K.C.CHERIYAN @ SHELLY, KANIYANTHARAYIL HOUSE, NEAR CSI CHURCH, KURUVAMOOZHY, KOOVAPPALLY-686 518. 3. C.A.AZIZ, PULLARIKKATTU, KUZHIPALLIL, CHIRAKKADAVU, VADAKKUMBHAGOM, KOTTAYAM DISTRICT-686 039. 4. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. R1 - 3 BY ADV. SRI.K.T.SHYAMKUMAR R4 BY PUBLIC PROSECUTOR SRI.K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.4947 of 2010 --------------------------------------- Dated this 31st day of January, 2011 ORDER Petitioners are accused in Crime No.65/CR/kim/99 of CBCID, Kottayam and C.C.No.21 of 2007 of the court of learned Judicial First Class Magistrate-I, Kajirappally for offences punishable under Secs.420, 468, 471,471A, 409 and 120B r/w Sec.34 of the Indian Penal Code. Prosecution case is that petitioners approached respondent Nos.1 and 3/CWs.1 and 3 requesting them to be sureties for the second petitioner for his transaction with Kerala State Financial Enterprise (for short, "the KSFE”). Respondent Nos.1 and 3 agreed and accordingly gave signed blank forms and their salary certificates to the petitioners but, petitioners forged the signed blank forms for the purpose of using it for suretyship for CW2. Petitioners request to quash proceedings against them as the matter has been settled between them and respondent Nos.1 and 3. I have heard learned counsel for petitioners, respondent Nos.1 and 3 and learned Public Prosecutor. Learned Public Prosecutor after getting instruction from the Investigating Officer has submitted that parties have settled their dispute. 2. It is submitted by learned counsel for petitioners that the amount due to the KSFE has already been recovered from Crl.M.C.No.4947 of 2010 -: 2 :- CW1. Annexures-A3 to A5 are affidavits sworn by respondent Nos.1 to 3 where they say that they have settled the case with the petitioners, they have no grievance or claim against petitioners and that they have no objection in the court quashing the criminal proceedings against petitioners. 3. It is true that offences alleged involved forgery and allied offences but, it is personal to and between petitioners and respondent Nos.1 to 3. Success of the prosecution largely depends on the evidence of respondent Nos.1 to 3 are expected to give. In the light of Annexures-A3 and A5, affidavits the possibility of prosecution succeeding in the case is bleak. Parties have also settled the dispute between them. In the circumstances I am persuaded to interfere. Resultantly this criminal miscellaneous case is allowed and the final report in Crime No.65/CR/kim/99 of CBCID, Kottayam, the cognizance taken and further proceedings in C.C.No.21 of 2007 of the court of learned Judicial First Class Magistrate-I, Kanjirappally will stand quashed against petitioners. But I make it clear that this order will not affect the right, if any of the KSFE. (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P.A to Judge