IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 Crl.MC.No. 419 of 2009() ------------------------ CC.204/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, ADIMALI .................... PETITIONER(S): ACCUSED 3 AND 5: ----------------------------------------------------- 1. JOSEPH P.JOHN @ PAPPACHAN, POTTAKKAL HOUSE, KIZHAKKEKKARA, MOOVATTUPUZHA. 2. LEELAMMA, W/O.JOSEPH P.JOHN @ PAPPACHAN, -DO- -DO- BY ADVS. MR.B.KRISHNA MANI, MR.JOSEPH T.JOHN. RESPONDENT(S): STATE/DEFACTO COMPLAINANT: ----------------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JOY JOSEPH, NELLANIKKATTU HOUSE, VALLICHIA, MEENACHIL, KOTTAYAM. R1 BY PUBLIC PROSECUTOR MR. AMJAD ALI R2 BY ADV.MR.SIJU RAJAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/06/2009 ALONG WITH CRMC NO. 522 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.419/09 & 522/09 ------------------------------------------ Dated 8th June 2009 O R D E R Petitioners in Crl.M.C.522/2009 are accused 1,2,4 and 6 to 8 in C.C.204/2008 on the file of Judicial First Class Magistrate, Adimily. Petitioners in Crl.M.C.419/2009 are accused 3 and 5 in the same case. These petitions are filed under Section 482 of Code of Criminal Procedure to quash Annexure-II FIR and Annexure-III final report submitted by Circle Inspector after investigation. Second respondent is the defacto complainant. Case of the second respondent in Annexure-II FIR as well as at the time of investigation was that he had entrusted some signed stamp papers with Emarald Chitty Funds in which first accused is the Managing Partner and second accused, the Partner and in furtherance of their common intention the accused committed forgery and prepared a promissory note and making use of the forged promissory note as genuine filed O.S.18/2007 before Sub court, Pala and thereby committed offences CRMC 419/09 & 522/09 2 under Sections 465, 467 and 471 read with Section 34 of Indian Penal Code. Petitioners sought to quash the final report contending that ingredients of the offences are not made out and it is only an abuse of process of court. It is also contended that subsequently second respondent defecto complainant settled the dispute with the accused and filed Annexure-VIII statement in non judicial stamp paper admitting that complaint was lodged to wriggle out of O.S.18/2007 and in view of the settlement, he is withdrawing the allegations and is not intending to prosecute the case. Second respondent appeared through a counsel and also submitted that second respondent has no intention to prosecute the case. Civil suit O.S.18/2007 under Annexure-VI judgment was decreed in favour of the plaintiff and against second respondent. 2. Offences alleged against petitioners is purely personal in nature against second respondent. Annexure-VIII statement of second respondent establish that he has withdrawn the allegations raised in the complaint and is not intending to prosecute the case further. In such CRMC 419/09 & 522/09 3 circumstances, when chances of a successful prosecution is very bleak, it would only be wasting of valuable time of the court, if the trial is to be conducted. In such circumstances, in the interest of justice, C.C.204/2008 on the file of Judicial First Class Magistrate, Adoor is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.