IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 Crl.MC.No. 565 of 2010 -------------------------------- (CRIME NO. 395/2009 OF THE KARUKACHAL POLICE STATION) ........... PETITIONERS/ACCUSED NOS. 1 TO 3: ------------------------------------------------------- 1. V.P. IBRAHIMKUTTY, AGED 67 YEARS, S/O. PAREETHKUNJU RAWTHER, VALANJATTIL HOUSE,KANGAZHA KARA, KANGAZHA VILLAGE, CHANGANACHERRY. 2. SHEREEFA BEEVI, AGED 57 YEARS, W/O.V.P. IBRAHIM KUTTY, VALANJATTIL HOUSE,KANGAZHA KARA, KANGAZHA VILLAGE, CHANGANACHERRY. 3. SHINLA ANSARI, AGED 25 YEARS, W/O. ANSARI, KANDAMKULAM HOUSE, KANGAZHA KARA, KANGAZHA VILLAGE, CHANGANACHERRY. BY ADV. MR.M.P.MADHAVANKUTTY. RESPONDENTS/DEFACTO COMPLAINANT & STATE: --------------------------------------------------------------------------- 1. JOSEPH, S/O. JOSEPH, KALLIDUKKA NANIKKAL HOUSE, KANJIRAPPALLY KARA, KANJIRAPPALLY VILLAGE, KANJIRAPPALLY TALUK. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. MR.GEORGE SEBASTIAN, R2 BY PUBLIC PROSECUTOR MR. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.565 of 2010 -------------------------- ORDER Petitioners are the accused and first respondent, the defacto complainant, in C.C.No.11/2010 on the file of Judicial First Class Magistrate's Court, Changanassery, taken cognizance for the offences under Sections 419, 420 and 468 read with Section 120B of Indian Penal Code. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes with the first respondent were settled amicably and in view of the settlement, it is not in the interest of justice to continue the prosecution. 2. First respondent appeared through a counsel and filed a statement stating that the case was registered at his instance, as petitioners cheated him by committing impersonation for the purpose of obtaining money and subsequently, there was an amicable settlement of all the disputes and by Annexure-IV agreement, all the disputes were settled and petitioners agreed to pay a compensation of Rupees CRMC 565/10 2 Thirteen lakhs and in view of the settlement, first respondent has no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioner, first respondent and learned Public Prosecutor were heard. 4. Annexure-III final report establishes that the offences alleged against the petitioners are purely personal in nature as against the first respondent. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19) and in Manoj Sharma v. State (2008 (4) KLT 417), when the disputes between the parties were settled, it is not in the interest of justice to continue the prosecution, especially when, consequent to the settlement, there is no likelihood of a successful prosecution. Petition is allowed. C.C.No.11/2010 on the file of Judicial First Class Magistrate's Court, Changanassery is quashed. 19th February, 2010 (M.Sasidharan Nambiar, Judge) tkv