IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 Crl.MC.No. 1061 of 2011() ------------------------- (CRIME NO.184 OF 2011 OF KODUNGALLUR POLICE STAYION, THRISSUR DIST.) ------- PETITIONER/ACCUSED NO.2 & 3 ----------------------------------------------- 1. MYTHRI BALAKRISHNAN,AGED 51 YEARS, W/O.BALAKRISHNAN,KAKKANAT(H),PERINJANAM DESOM, PERINJANAM VILLAGE, KODUNGALLUR TALUK, THRISSUR DT, PRESENTLY R/AT.KAKKANAT HOUSE, PORIBAZAR DESOM, SREENARAYANAPURAM VILLAGE ,KODUNGALLUR TALUK,THRISSUR DISTRICT (2ND ACCUSED). 2. BALAKRISHNAN, AGED 58 YEARS, S/O.KUMARAN, KAKKANAT HOUSE , PERINJANAM DESOM, PERINJANAM VILLAGE, KODUNGALLUR TALUK,THRISSUR DT, PRESENTLY R/AT. KAKKANAT HOUSE ,PORIBAZAR DESOM,SREENARAYANAPURAM VILLAGE,KODUNGALLUR TALUK,THRISSUR DISTRICT (3RD ACCUSED). BY ADV. SRI.BABU KARUKAPADATH RESPONDENT(S): ----------------------- 1. JAYARAJ,AGED 42 YEARS,S/O.VELAYUDHAN, PANIKKATTIL HOUSE,PERINJANAM DESOM,PERINJANAM VILLAGE,KODUNGALLUR TALUK,THRISSUR DISTRICT (DEFACTO COMPLAINANT). PIN 680001 2. STATE OF KERALA,REP.BY SUB-INSPECTOR OF POLICE,KODUNGALLUR(FIR NO.184/2011) POLICE STATION,THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R1 BY PUBLIC PROSECUTOR SRI.K.J.MOHAMMED ANZAR R2ADV. SRI.UMESH.N.PAI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: vk THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1061 of 2011 --------------------------------------- Dated this 05th day of April, 2011 ORDER Petitioners are accused 2 and 3 in Crime No.184 of 2011 of Kodungalloor Police Station for offences punishable under Secs.406 and 420 r/w Sec.34 of the Indian Penal Code. That case was registered on Annexure-1, complaint preferred by the first respondent alleging that as Kuri agents of the Kerala State Financial Enterprises Limited (for short, "the K.S.F.E”) petitioners collected cheques from the first respondent, remitted the amount in the account of other customers and money received from other customers was misappropriated. Petitioners request this Court to quash proceeding against them on the strength of a settlement reached with the first respondent. I have heard learned counsel for petitioner, first respondent and the learned Public Prosecutor. Learned counsel and learned Public Prosecutor submitted that the dispute is settled between the parties. Annexure-3 is photocopy of agreement dated 26.03.2011 executed between petitioners and first respondent. It is stated that the matter is settled. Authenticity of Annexure-3, agreement and its original is confirmed by learned counsel for petitioners Crl.M.C.No.1061 of 2011 -: 2 :- and first respondent. Since the dispute is personal to and between parties and in the light of the settlement reached there is no possibility of a successful culmination for the prosecution, I am inclined to allow the petition. Resultantly this criminal miscellaneous case is allowed. FIR in Crime No.184 of 2011 of Kodungalloor Police Station and all proceeding taken pursuant thereto to the extent it concerned petitioners/accused 2 and 3 are quashed. (THOMAS P JOSEPH, JUDGE) Sbna/-