IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 Crl.MC.No. 1862 of 2011() ------------------------------------ C.C. NO.93/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT V, KOZHIKODE. ................. PETITIONER/DEFACTO COMPLAINANT --------------------------------------------------------- P.P. RAMACHANDRAN MASTER, 'SREEKANTHANM', NALLOOR, FEROKE, KOZHIKODE-673 631. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS/STATE AND DEFACTO COMPLAINANT ------------------------------------------------------------------------------- 1. P. RADHA, W/O.P. DASAN, POTTATHIL HOUSE, FEROKE AMSOM NALLUR DESOM, FEROKE. P.O, KOZHIKODE-673 631. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. R1 BY ADV. SRI.HANSON.P.MATHEW. R2 BY PUBLIC PROSECUTOR MR.V. MANU. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 1862 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A: COPY OF THE FINAL REPORT WITH THE STATEMENT UNDER SECTION 161 CR.P.C. IN CRIME NO.321/2007 WHICH IS NOW PENDING AS C.C.NO.93/2008 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT V, KOZHIKODE. ANNEXURE B: COPY OF THE AFFIDAVIT SWORN BY THE 1ST RESPONDENT DATED 19/06/2011. RESPONDENTS ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE rs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1862 of 2011 -------------------------------------- Dated this the 22nd day of June, 2011. ORDER Public Prosecutor takes notice for the second respondent. 2. Petitioner is accused in Crime No.321 of 2007 of Feroke Police Station and C.C.No.93 of 2008 of the court of learned Judicial First Class Magistrate-V, Kozhikode for offences punishable under Sections 420 and 468 of the Indian Penal Code. That case was registered on a complaint preferred by the first respondent. Her case is that petitioner borrowed `.75,000/- from her and issued a cheque drawn on the account maintained by his wife. Petitioner seeks to quash proceeding against him on the strength of a settlement with the first respondent. I have heard counsel on both sides and the learned Public Prosecutor. 3. Learned counsel confirmed the settlement between parties. Learned counsel for first respondent has also confirmed genuineness and authenticity of Annexure-B, affidavit sworn by first respondent. In that affidavit it is stated that first respondent has settled the dispute with petitioner. 4. The case concerned alleged forgery of a cheque. Since the dispute is personal to and between petitioner and first respondent and that dispute is settled I am inclined to allow the request. Crl.MC No.1862/2011 2 Resultantly this Criminal Miscellaneous Case is allowed. Final report in Crime No. 321 of 2007 of Feroke Police Station, cognizance taken and all proceeding against petitioner in C.C.No.93 of 2008 of the court of learned Judicial First Class Magistrate-V, Kozhikode are quashed. THOMAS P.JOSEPH, Judge. cks